Ordinance 1233 - FAILED - Zoning - Mohrenweister395
ORDINANCE NO. 1233
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
PROPERTIES LOCATED NORTH OF THE UNDERHILL SUBDIVISION APPROXIMATELY
800 FEET EAST OF MERIDIAN ROAD AND ON THE WEST SIDE OF U.S. HIGHWAY
93 (PREVIOUSLY ZONED R-3, URBAN SINGLE FAMILY), RA-1, LOW DENSITY
RESIDENTIAL APARTMENT, IN ACCORDANCE WITH THE CITY -COUNTY MASTER
PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Richard and Judith Mohrenweiser, the owners of
properties located north of the Underhill Subdivision approximately
800 feet east of Meridian Road and on the west side of U.S. Highway
93 and more particularly described in Exhibit "A", attached hereto
and therefore made a part hereof, petitioned the City of Kalispell
that the zoning classification attached to the above described
tract of land be changed to RA-1, Low Density Residential
Apartment, and
WHEREAS, the properties shown in Exhibit "A" exist as property
surrounded to the north and northwest by R-3 classification, to the
east is Highway 93 and beyond the highway is zoned H-1
classification, to the south is zoned R-3 classification, and to
the southwest is zoned RA-1 classification, and
WHEREAS, the petition of Richard and Judith Mohrenweiser was
the subject of a report compiled by the Flathead Regional
Development Office, #KZC-95-03, dated June 27, 1995, in which the
Flathead Regional Development Office evaluated the petition and
recommended that the properties as shown in Exhibit "A" be rezoned
RA-1, Low Density Residential Apartment, as requested by the
petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report rejecting FRDO Report #KZC95-03 as
findings of fact, adopting new negative findings and unanimously
recommending that the zone change from R-3, Urban Single Family, to
RA-1, Low Density Residential Apartment for the properties as shown
in Exhibit "A" be DENIED, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the properties as shown in Exhibit "A" RA-1, Low
Density Residential Apartment; the City Council makes the following
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:
Does the Requested Zone Comply with the Master Plan?
The subject property is within the jurisdiction of the
Kalispell City -County Master Plan, more specifically the
North Meridian Neighborhood Plan, adopted in 1994.
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According to the Neighborhood Plan, the property is
designated for "High Density Residential". This request
is considered in conformance with the Master Plan and was
expected.
Will the Requested Zone Secure Safety from Fire. Panic
and Other Dangers?
Development within the RA-1 zone is subject to certain
standards including maximum building height and the
provision of off-street parking. Further, any
development of the property is subject to review by the
City's Site Plan Review Committee, and requires the
issuance of City building, plumbing, and mechanical
permits. These requirements and review processes help
ensure that development of the property subsequent to the
zone change is done in a safe manner. In addition, any
specific development more intense than a duplex would
require a conditional use permit and/or subdivision
approval.
One limitation to developing this property would be the
topographic constraints. This limitation is not
considered severe enough to preclude development. The
cross slope of the property is approximately 18%.
Another limitation is the access, only a single point of
access is available to service the property. This is
Underhill Court where it extends to the north. This area
(Underhill) is in essence one cul-de-sac.
Will the Requested Change Promote the Health and General
Welfare?
The general purpose of the City's zoning ordinance is to
promote the general health and welfare and does so by
implementing the City Master Plan. The City's Master
Plan does support the requested zone change. This zone
would not intrude on the health or general welfare of
this particular neighborhood. The surrounding uses are
considered compatible with the proposed zoning
classification.
Will the Requested Zone Provide for Adequate Light and
Air?
The parking, landscaping, and setback requirements of the
zoning ordinance would ensure that light and air are
adequately provided when the property is developed.
Will the Requested Zone Change Prevent the Overcrowding
of Land?
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Overcrowding of land can occur when development out -paces
or exceeds the environmental or service limitations of
the property. Adequate infrastructure is in place in the
area to accommodate the land uses allowed in the
requested zone. Access is through a single family
neighborhood. A parcel of 1.8 acres could potentially be
developed with 25 units; however because of topographic
limitations and access, development would be expected to
be substantially less. The application indicates that
the intent is to subdivide the property into 5 lots for
duplexes. This is more realistic and would net 10 units.
Will the Re nested Zone Avoid Undue Concentration of
People?
Concentration of people is a function of land use.
Development will certainly occur on this site if the zone
change is approved. The uses associated with the RA-1
zoning designation anticipate a certain concentration of
people and should not create an undue hardship on the
neighborhood.
Is the Requested Zone Designed to Lessen Congestion in
the Street and Facilitate the Adequate Provision of
Transportation, Water, Sewer, Schools, Parks and Other
Public Requirements?
As outlined in the Neighborhood Plan, the RA-1 zone is
designed to be utilized for this area. The Underhill
Court north access was expected to serve as a street to
this property and also was expected to serve as access
north of the subject property. The new Neighborhood Plan
for this area amended this concept to limit access only
to the immediate north, the subject property. The
development constraints of the RA-1 zone are designed to
lessen congestion in the streets for any development by
requiring a conditional use permit for development over
a duplex, which may require two access points.
Additional demands for transportation, water, and sewer
collection as a result of development of the property
would be evaluated pursuant to individual development
proposals. Adequate services exist in the area. The
residential nature of this zone would impact schools and
parks. No significant impact is expected.
Does the Requested Zone Give Consideration to the
Particular Suitability of the Property for Particular
Uses?
This property is an expansion of the existing RA-1 zone
and is well suited for this change because of the types
of uses permitted in this zone, those being residential
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in nature. The property in question appears to have a
cross slope of approximately 18%. This cross slope will
be an important consideration at the time of development
but is not considered a significant impediment to
development.
Does the Reguested Zoning Give Consideration to the
Character of this District?
The property under consideration in this proposal fits
the character of the district because Kalispell has
amended its Master Plan for this area to create The North
Meridian Neighborhood Plan. This Neighborhood Plan and
its parent plan indicate the need for additional
affordable housing in Kalispell. It is the character of
the Kalispell District as outlined in the Neighborhood
Plan to help supply the jurisdiction with this housing
type. The RA-1 zone would help supply that need. The
zone is designed for multifamily uses customarily
considered to be the most affordable type of housing. To
the southwest is zoned the same and developed with
apartments. The requested zone change is not out of
character with the surrounding city as proposed by the
Master Plan.
Would the Proposed Zoning Conserve the Value of the
Buildings?
The property is currently vacant and would be developed
into residential uses. A change to the RA-1 zone should
not significantly impact, erode, or devalue the
neighborhood beyond the type of uses that are currently
allowed or that exist in the area, those being
residential. If this property were to be developed as
apartments a conditional use permit would be required
which could buffer the single family development to the
south.
Will the Requested Zone Change Encourage the Most
Appropriate Use of the Land Throughout the Jurisdiction?
The requested zoning classification is consistent with
the Kalispell City -County Master Plan. This type of zone
and its associated land uses are expected in this area
and would provide the City with additional housing units
when developed. The Plan map specifically identifies
this location for this zone. The neighborhood consists
of residential uses. The proposed zone change would be
the most appropriate use of the land.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
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SECTION I. Section 27.02.010, of the Official Zoning Map
of the Kalispell Zoning Ordinance, (Ordinance #1175) is
hereby amended by designating the properties as shown in
Exhibit "A", attached hereto and therefore made a part
hereof, as RA-1, Low Density Residential Apartment.
SECTION II. 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 MAYOR OF THE CITY OF
KALISPELL THIS DAY OF , 1995.
ATTEST:
Debbie Gifford, CMC
Clerk of Council
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Douglas D. Rauthe, Mayor
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EXHIBIT A
MOHRENWEISER ZONE CHANGE REQUEST
A tract of land situated, lying and being in the Government Lot I of Section 7, Township 28 North,
Range 21 West, P.M., M., Flathead County, Montana and more particularly described as follows
to wit:
Beginning at the SE corner of that tract of land described on Certificate of Survey No. 2486, said
point being the True Point of Beginning; thence
South 89059'35" East, a distance of 145.39 feet to a point on the westerly right-of-way of Highway
No. 93 and the point of curvature of a non -tangent curve, concave to the Northeast, having a radius
of 1512.50 fed, a radial bearing of North 58°32'42"; thence Southeast along said curve, through
a central angle of 13005' 14", an arc length of 345.48 feet to a point; thence
South 0033'50" West leaving said right-of-way, a distance of 31.86 feet to a point; thence
North 89037'58' West a distance of 121.16 feet to a point; thence
North 89021'58" West a distance of 263.55 feet to a point; thence
North 002356" West a distance of 299.87 feet to a point; thence
South 89057*220 East a distance of 24.83 feet to the place of beginning.
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IN THE EVENT THE COUNCIL DETERMINES TO DEFEAT ORDINANCE NO. 1234, THE
FOLLOWING FINDINGS OF FACT SHOULD GO IN THE RECORD:
NEGATTYE FINDINGS ADOPTED BY THE KALISPELL
CITY/COUNTY PLANNING BOARD AUGUST 8, 1"S
MOFUUNWEISER ZONE CHANGE
The subject property is within the jurisdiction of the Kalispell City -County Master Plan, more
specifically the North Meridian Neighborhood Plan, adopted in 1994. According to the
Neighborhood Plan, the property is designated for "High Density Residential". This request
is considered in general conformance with the Master Plan. However, the property is better
suited as a transition area between the single family residential and anticipated high density
residential, because of problems associated with the existing high density residential
development that is occurring in the area.
WILL THE REOUES D ZONE HOM SAFEU E&QM FIRE, PANIC AND OTHER
DANGERS?
Development within the RA-1 zone is subject to certain standards incluuding maximum building
height and the provision of off-street parking. Further, any development of the property is
subject to review by the City's Site Plan Review Committee, and requires the issuance of City
building, plumbing, and mechanical permits.
One limitation to developing this property would be the topographic constraints. The cross
slope of the property is approximately 181/6. Another limitation is the access, only a single
point of access is available to service the property. This is Underhill Court where it extends
to the north. This area (Underhill) is in essence one cube -sac.
Because of the designated access, this zone change would not secure safety from fire, panic
and other dangers.
WILL THE REQUESTED CHANGE PROMOTE THE HEALTH AND GENERAL
WELFARE?
The general purpose of the City's zoning ordinance is to promote the general health and
welfare and does so by implementing the City Master Plan. The density of this zone would
intrude on the health or general welfare of this particular neighborhood. The surrounding uses
are not compatible with the proposed zoning classification.
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Overcrowding of land can occur when development out -paces or exceeds the environmental
or service limitations of the property. Adequate infrastrncttue is not in place in the area to
accommodate the land uses allowed in the requested zone. Access is through a single family
neighborhood. A parcel of 1.8 acres could potentially be developed with 26 units.
Concentration of people is a function of land use. Development will certainly occur on this
site if the zone change is approved. The uses and density associated with the RA-1 zoning
designation anticipate a certain concentration of people and would create a undue hardship on
the neighborhood with the addition of 26 units on 1.8 acres.
IS
nffi REQUESTED ZONE DESIGNED TO LESSEN CONGESTION IN THE MEET
AND FACILITATE THE ADEQUATE PROVISION OF TRANSPORTATION. WATE&
SEWER SCHOOL .PARKS AND OTHER PUBLIC.MUIREMENTS?
Based on the potential 26 unit development, this would result in over 182 vehicular trips per
day on what is essentially a very long cul-de-sac. The Underhill Court north access was
expected to serve as a street to this property and also was expected to serve as access north of
the subject property. The new Neighborhood Plan for this area amended this concept to limit
access only to the immediate north, the subject property. The development constraints of the
RA-1 zone are designed to lesson congestion in the streets for any development by requiring
a conditional use permit for development over a duplex, which may require two access points.
There is no potential for two access points, and the Master Plan specifically indicated that there
would be no through access. When the Neighborhood Plan was adopted, access from this
street out to Meridian Road was specifically excluded. Additional demands for transportation,
water, and sewer collection, as a result of development of the property would be evaluated
pursuant to individual development proposals. Adequate services exist in the area. The
residential nature of this zone would impact schools and parks. A significant impact is
expected.
ES THE RE VESTED ZONING GIVE REASONABLE CONSIDERATION TO THE
CHARACTER OF THIS DISTRICT`?
The requested zoning, while potentially would provide for affordable housing in Kalispell, is
not necessarily compatible with the property immediately to the south, and the density
proposed offers no buffering from single family residential to anything north of the Underhill
Addition.
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WOULD THE PROPOSED ZONING_C-ONSERVE THE VALUE -OF THE BUILDINGS?
The property is currently vacant and would be developed into residential uses. A change to
the RA I one would significantly impact, erode., or devalue the neighborhood beyond the type
of uses that are currently allowed or that exist to the south, those being single family
residential.
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OCTOBER 13, 1995
KALISPELL CITY COUNCIL
RE: MOHRENWEISER ZONE CHANGE R-3 TO RA-1
DEAR COUNCIL MEMBERS:
IT HAS BECOME QUITE APPARENT THAT THE PLANNING BOARD AND THE
COUNCIL DO NOT WANT TO CHANGE THE ZONING TO AN RA-1, EVEN THOUGH
ALL THE "PLANS" RECOMMEND IT.
THE MERIDIAN POINTE PROJECT HAS HAD SUCH AN IMPACT ON THIS
NEIGHBORHOOD THAT NO ONE WANTS TO ALLOW ANOTHER SUCH PROJECT TO
TAKE PLACE. EVEN THOUGH THIS WAS NOT MY INTENT FROM THE BEGINNING,
IT COULD BE ALLOWED UNDER THE RA-1 ZONING IF ALL THE CONDITIONS
WERE MET. THEREFORE, I WOULD LIKE TO CHANGE THE REQUEST FOR ZONING
FROM RA-1 TO R-4, DUPLEX ZONING. THIS ZONING WOULD LESSEN ANY
IMPACT ON THE NEIGHBORHOOD SINCE IT PERMITS LESS DENSE DEVELOPMENT
THAN AN RA-1 ZONE. IT WOULD ALSO CREATE A BUFFER ZONE BETWEEN THE
NEIGHBORHOOD R-3 AND THE POSSIBLE RA-1 TO THE PROPERTIES NORTH.
WHEN I BOUGHT THIS PROPERTY, MERIDIAN POINTE WASN'T THERE. MY
PLANS THEN WERE TO SPLIT THE PROPERTY INTO SINGLE FAMILY LOTS. THE
VIEW WAS OF THE SOUTHWEST MOUNTAINS. NOW, THE VIEW IS OF THE
BACKSIDE OF A HUGH HOUSING DEVELOPMENT. IT WILL BE REALLY HARD, IF
NOT IMPOSSIBLE TO SELL LOTS FOR SINGLE FAMILY AND HAVE SOMEONE
BUILD A $150,000 HOME WITH THE EXISTING VIEW.
MY OPTIONS NOW ARE TO BUILD RENTAL UNITS OR TO CLUSTER
DEVELOP. WE ARE INVESTIGATING THE CLUSTER OPTION, WHICH COULD BE
ALLOWED UNDER AN R-3 OR R-4. THE REASON FOR MY REQUEST FOR AN R-4
IS THAT THE PROPERTY DOESN'T QUITE MEET ONE OF THE REQUIREMENTS FOR
CLUSTER DEVELOPMENT. IF I CANNOT CLUSTER DEVELOP, THEN UNDER THE
R-4, I CAN AT LEAST BUILD DUPLEXES WHICH COULD BE LEASED OR SOLD.
I WOULD APPRECIATE YOUR ALLOWING THE ZONING CHANGE, TO R-4.
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RIdHARD MOHRENWEISER
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