07. Ordinance 1315 - Zoning Text Amendment - Ockey - 1st ReadingFlathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Text amendment to the side yard setbacks in the
RA-1 zoning district -Richard Ockey
MEETING DATE: June 7, 1999
BACKGROUND: This is a request to amend the side yard setbacks in the RA-1,
Low Density Residential Apartment, district from the current requirement of ten feet
plus an additional ten feet for buildings over 25 feet in height.. The staff
recommended approval of an amendment which would require ten feet plus an
additional five feet for each five feet over 25 feet for structures located in the setback
area. Staff also recommended including this amendment in the RA-2, High Density
Residential Apartment District, and RA-3, Residential Apartment / Office, for
consistency. This could potentially effect all areas of the city zoned RA-1, RA-2 and
RA-3, but would primarily effect the Buffalo Stage area. This matter went to the
planning board for public hearing and consideration on May 11, 1999. The planning
board is recommending that the amendment be approved as recommended by staff on
a vote of five in favor and four opposed. The votes in opposition were because these
members believed there should not be an additional setback requirement, but simply
a ten foot side yard setback.
RECOMMENDATION: A motion to adopt the ordinance amending the Kalispell
Zoning Ordinance for the RA-1, RA-2 and RA-3 side yard setback requirements would
be in order.
FISCAL EFFECTS: None.
ALTERNATIVES: As suggested by the city council.
i 3�L C"A� L�&\
Narda A. ils n Chris A. Kukulski
Senior Planner City Manager
Report compiled: May 17, 1999
Attachments: Letter of transmittal
Staff report KZTA-99-4 and back-up materials
Draft planning board minutes
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
ORDINANCE NO. 1315
AN ORDINANCE AMENDING SECTIONS 27.09.040(3) OF THE KALISPELL ZONING
ORDINANCE, (ORDINANCE NO. 1175), BY AMENDING THE MINIMUM SIDE YARD
SETBACK FROM TEN FEET TO TEN FEET PLUS FIVE ADDITIONAL FEET FOR
EACH INCREMENT OF FIVE FEET ABOVE 25 FEET IN HEIGHT IN THE RA-1,
RA-2, AND RA-3 ZONING DISTRICTS, AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Richard Ockey has submitted a written request to
amend Section 27.09.040(3) of the Kalispell Zoning Ordinance, by
reducing the minimum side yard setback from ten feet to ten feet
plus one additional foot for each foot over 25 feet in height in
the RA-1, Low Density Residential Apartment District, and
WHEREAS, the request was forwarded to the Kalispell City -
County Planning Board and Zoning Commission by the Flathead
Regional Development Office after having been evaluated under
27.09.040(3), Kalispell Zoning Ordinance, and
WHEREAS, FRDO evaluated the requested text amendment and
recommended, per Report #KZTA-99-4, that the minimum side yard
setback be amended from ten feet to ten feet plus five additional
feet for each increment of five feet above 25 feet in height in the
RA-1, RA-2, and RA-3 Zoning Districts, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the text of the Kalispell Zoning
Ordinance be amended to establish that the minimum side yard
setback from ten feet to ten feet plus five additional feet for
each increment of five feet above 25 feet in height in the RA-1,
RA-2, and RA-3 Zoning Districts, and
WHEREAS, the City Council has reviewed the FRDO Report and the
transmittal from the Kalispell City -County Planning Board and
Zoning Commission and hereby adopts the findings made in Report
#KZTA-99-4 as the Findings of Fact applicable to this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KALISPELL AS FOLLOWS:
SECTION I. The City of Kalispell Zoning Ordinance,
Ordinance No. 1175, is hereby amended as
follows:
RA-1 side yard ta.wpd 1
Section 27.09.040: Property Development Standards.
... (3) Minimum Yards (FT) :
Side Yard - 10 + 5 additional feet for each
increment of 5 feet above 25 feet in height.
Section 27.10.040: Property Development Standards.
...(3) Minimum Yards (FT):
Side Yard - 10 + 5 additional feet for each
increment of 5 feet above 25 feet in height.
Section 27.11.040: Property Development Standards.
...(3) Minimum Yards (FT):
Side Yard - 10 + 5 additional feet for each
increment of 5 feet above 25 feet in height.
SECTION II. All parts and portions of Ordinance No. 1175
not amended hereby remain unchanged.
SECTION III. This Ordinance shall take effect thirty (30)
days after its final passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE
MAYOR OF THE CITY OF KALISPELL THIS DAY OF JUNE, 1999.
Wm E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
RA-1 side yard ta.wpd 2
ORDINANCE NO. 1315A
AN ORDINANCE AMENDING SECTIONS 27.09.040(3) OF THE KALISPELL ZONING
ORDINANCE, (ORDINANCE NO. 1175), BY AMENDING THE MINIMUM SIDE YARD
SETBACK FROM TEN FEET TO TEN FEET IN THE RA-1, RA-2, AND RA-3
ZONING DISTRICTS, AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Richard Ockey has submitted a written request to
amend Section 27.09.040(3) of the Kalispell Zoning Ordinance, by
reducing the minimum side yard setback from ten feet to ten feet
plus one additional foot for each foot over 25 feet in height in
the RA-1, Low Density Residential Apartment District, and
WHEREAS, the request was forwarded to the Kalispell City -
County Planning Board and Zoning Commission by the Flathead
Regional Development Office after having been evaluated under
27.09.040(3), Kalispell Zoning Ordinance, and
WHEREAS, FRDO evaluated the requested text amendment and
recommended, per Report #KZTA-99-4, that the minimum side yard
setback be amended from ten feet to ten feet plus five additional
feet for each increment of five feet above 25 feet in height in the
RA-1, RA-2, and RA-3 Zoning Districts, and
WHEREAS, dissenting votes on the Kalispell City -County
Planning Board and Zoning Commission recommended a side yard set
back of 10 feet, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the text of the Kalispell Zoning
Ordinance be amended to establish that the minimum side yard
setback from ten feet to ten feet plus five additional feet for
each increment of five feet above 25 feet in height in the RA-1,
RA-2, and RA-3 Zoning Districts, and
WHEREAS, the City Council has reviewed the FRDO Report and the
transmittal from the Kalispell City -County Planning Board and
Zoning Commission and hereby adopts the findings made in Report
#KZTA-99-4 as the Findings of Fact applicable to this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KALISPELL AS FOLLOWS:
RA-1 side yard to A.wpd 1
SECTION I. The City of Kalispell Zoning Ordinance,
Ordinance No. 1175, is hereby amended as
follows:
Section 27.09.040: Property Development Standards.
... (3) Minimum Yards (FT) :
Side Yard - 10 feet
Section 27.10.040: Property Development Standards.
... (3 ) Minimum Yards (FT) :
Side Yard - 10 feet
Section 27.11.040: Property Development Standards.
...(3) Minimum Yards (FT):
Side Yard - 10 feet
SECTION II. All parts and portions of Ordinance No. 1175
not amended hereby remain unchanged.
SECTION III. This Ordinance shall take effect thirty (30)
days after its final passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE
MAYOR OF THE CITY OF KALISPELL THIS DAY OF JUNE, 1999.
Wm E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
RA-1 side yard to A.wpd 2
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
May 17, 1999
Chris Kukulski, City Manager
City of Kalispell -
P.O. Box 1997
Kalispell, MT 59903
Re: Zoning Text Amendment - Side Yard Setbacks in the RA-1 District
Dear Chris:
The Kalispell City -County Planning Board met on May 11, 1999 and held a public
hearing on a request by Richard Ockey for an amendment to the side yard setback
requirements in the RA-1, Low Density Residential Apartment, district. The Ockeys
own property in the Buffalo Stage area and are having problems building their house.
The request is to change the current side yard setback requirement of ten feet plus an
additional ten feet for building over 25 feet in height to ten feet plus and addition foot
for each foot over 25 feet.
Narda Wilson, with the Flathead Regional Development Office, presented a staff report
and noted the issues related to the request. She stated that the staff supports an
amendment to the side yard setback requirements in the RA-1 district, but is
recommending that the setbacks be changed to ten feet plus an additional five feet for
each five feet over 25 feet for structures located in the setback area to allow some room
for error. Staff is also recommending that these changes be applied to the RA-2, High
Density Residential, and the RA-3, Residential Apartment / Office, district for
consistency in the regulations. She stated that this amendment addresses a
problematic situation in all of the residential apartment zoning districts.
During the public hearing, Richard Ockey spoke in favor of the proposal stating that
this amendment is required in order for him to build his home as planned. Kevin Orick
spoke in favor of the five foot additional setback increments, stating that he would not
be in favor of the foot to foot ratio setback. No one spoke in opposition.
The board discussed the proposal. A motion was made to adopt staff report KZTA-99-4
and recommend approval of the changes to the city council. The motion passed on a
vote of five in favor and four opposed. Those members voting in opposition favored a
straight ten foot setback with no additional setback being required because of building
height.
Please schedule this matter for the June 7, 1999 regular city council meeting. Please
contact this Board or Narda Wilson at the Flathead Regional Development Office if you
have any questions regarding this recommendation.
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Zoning Text Amendment - Richard Ockey
May 17, 1999
Page 2
Sincerely,
spell Ci - u P nning Board
can Johns n
=resident
JJ/NW/tl
Attachments: Staff report KZTA-99-4 and application materials
Draft minutes of the 5/ 11/99 planning board meeting
c w/o Att: Richard Ockey, PO Box 872, Kalispell, MT 59903
Theresa White, Kalispell City Clerk
H:... \TRANSMIT \ KALISPEL \ 1999 \ KZTA99-4
RICHARD S. OCKEY
FLATHEAD REGIONAL DEVELOPMENT OFFICE
STAFF REPORT #KZTA-99-4
MAY 4, 1999
A report to the Kalispell City -County Planning Board and the Kalispell City
Council regarding a request for a text amendment to the RA-1 zoning district. A
public hearing has been scheduled before the Kalispell City -County Planning
Board for May 11, 1999 beginning at 6:00 PM in the Kalispell City Council
Chambers. The Planning Board will forward a recommendation to the Kalispell
City Council for final action.
BACKGROUND INFORMATION
The applicant is proposing to amend Section 27.09.040(3), of the Kalispell
Zoning Ordinance, setbacks in the RA-1, the Low Density Residential Apartment
district.
A. Petitioner and Owners: Richard S. Ockey
P.O. Box 872
Kalispell, MT 59903
(406)755-4502
B. Area Effected by the Proposed Changes: Any area within the Kalispell
zoning jurisdiction which might be zoned RA-1, Low Density Residential
Apartment, would potentially be effected by the proposed change. The
current RA-1 regulations are attached on Exhibit A. As noted in the
applicant's attached letter, he owns a lot in Buffalo Stage subdivision
which is zoned RA-1. He would like to build a house which is 27 feet in
height and is required to provide a 20 foot side yard setback on both sides
of the lot for total of 40 feet. The lot is 100 feet wide and the applicant
plans on building a house 69 feet wide. The setbacks become
problematic. Since the staff has been aware of similar problems in the
RA-1 zoning district, primarily for properties in the Buffalo Stage
subditi :sion, he was encouraged to apply for a zoning text amendment to
try to address this situation and others who may be in a similar situation.
C. Proposed Amendments: The applicants are proposing a text amendment
to the Low Density Residential Apartment zoning district regulations with
the intent to reduce the minimum side yard setback from the current
requirement of 10 feet and an additional ten feet for each increment of ten
feet above 25 feet in height to ten feet plus one additional foot for each
foot over 25 feet in height.
D. Staff Discussion: As the board and council may be aware, the staff has
had concerns about some elements of the zoning ordinance which would
be worthy of amending. This section in the regulations have been
problematic in the past particularly in the Buffalo Stage subdivision. This
has been problematic because the minimum lot width requirements of the
RA-1 zoning district is 60 feet. With even a moderately tall building, i.e. a
two story building with a moderately steep pitched roof, the setbacks
would be 40 feet, leaving a 20 foot wide building envelope. There is no
obvious advantage to discouraging building height and encouraging
increased setbacks in this zoning district that warrants these setback
requirements.
EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-205,
M.C.A. Findings of Fact for the zone change request are discussed relative to the
itemized criteria described by 76-2-203, M.C.A.
Does the requested zone comply with the Master Plan?
Reduced setbacks within an area designated for moderate density is
appropriate in order to encourage density, increase flexibility in site
design and to allow a reasonable use of smaller parcels of land which are
present in many RA-1 zoning district. By reducing the setbacks in
residential areas this has the potential of encouraging greater infll with
the district and the potential for more efficient use of residential lots. The
proposed amendments comply with the goals and objectives of the
Kalispell City -County Master Plan.
2. Is the requested zone designed to lessen conizestion in the streets?
The proposed amendments would not typically have a significant impact
on the types of uses which would be allowed in the RA-1 zoning district
and would have a minimal impact on traffic generation, traffic congestion
or other impacts. The changes would not have a significant effect on
traffic congestion.
3. - Will the requested zone secure safety from fire, panic, and other dangers?
The proposed amendments would not reduce any security from fire or
other health and safety issues since all residential buildings would be
required to be constructed according to building code requirements and
with the approval of the fire department. The proposed change to the RA-
1 zoning would not compromise the safety and security from fire or other
dangers.
4. Will the requested change promote the health and general welfare?
The general health and welfare of the public will be promoted by
encouraging the efficient use of land, concentrating like uses within
established residential districts and encouraging infill.
5. Will the requested zone provide for adequate light and air?
Light and air between and surrounding buildings would not be
2
91
7.
A
significantly impacted in a manner that would be inconsistent with
anticipated residential type of development anticipated in the RA-1 zone.
The proposed changes provide for additional setbacks for higher buildings
and achieve the same goals relating to providing adequate light and air
between tall buildings.
Will the requested zone prevent the overcrowding of land or undue
concentration of people?
A proposed setback seems appropriate in a residential apartment district
because it provides a mechanism to address increasingly tall buildings
with additional setbacks. The proposed amendment does not compromise
the intended density for the area and would provide an adequate setbacks
to provide for landscaping and storm water runoff retention and
absorption areas around the perimeter of the site. This may increase the
intensity of the land uses within the RA-1 district however, this would not
necessarily lead to overcrowding. Overcrowding would occur only if the
infrastructure were inadequate to accommodate the proposed uses.
Will the requested zone facilitate the adequate provision of transportation
water, sewerage, schools, parks, and other public requirements?
Public services and facilities are generally available to the Low Density
Residential Apartment districts. The concentration of higher residential
uses in close proximity of each other provides for the more efficient uses of
public services and facilities. The changes proposed would promote the
adequate provision of services to light industrial areas.
Does the requested zone give consideration to the particular suitability of
the property for particular uses?
Encouraging compact residential growth and infill in residential areas__
where adequate public facilities are available will provide for a more
efficient use of existing residential land. This is a reasonable and suitable
goal of zoning and land use planning. The requested changes give
adequate consideration to the particular suitability of the Low Density
Residential Apartment district for the proposed amendment.
Does the requested zone give reasonable consideration to the character of
the district?
The character of the RA-1 zoning district would not be significantly altered
because of the amended setback standards. This district anticipates
relatively dense development including duplex and multi -family dwellings.
Dense residential is encouraged as is evidenced by the 6,000 square foot
minimum lot size requirement and the 60 foot wide lot width
requirements. Amending the set' -jacks will allow greater flexibility in site
design without compromising the intended character of the district.
3
10. Will the proposed zone conserve the value of buildings?
The value of buildings in Low Density Residential Apartment districts
would be maintained by encouraging compact and compatible residential
development in areas zoned residential apartment.
11. Will the requested zone encourage the most appropriate use of the land
throughout the jurisdiction?
The most appropriate land uses throughout the jurisdiction is promcced
by encouraging complementary and compatible uses which will help
maintain property values and provide for economic stability within the
community. The requested changes will encourage the most appropriate
use of land throughout the jurisdiction.
SUMMARY AND DISCUSSION The staff supports amendments to the side yard
setback requirements in the RA-1 zoning district because they seem to be
excessive considering that the district allows 6,000 square foot lots and 60 foot
lot width. In concept, the staff fully supports the applicant's proposal. However,
in discussions with the City staff, in particular the building department and
zoning administrator, a more simple method has been sought. The staff would
recommend that the amendment to the RA-1 be modified so that an additional
five foot setback for each increment of five feet above 25 feet in height for
portions of structures located in the required setback area To clarify, if a 24
foot wide attached garage structure was within ten feet of the side property
boundary and the residence was over 2-E feet no additional setback would be
required.
Additionally, tti-e City staff concur that this amendment should also be applied to
the other residential apartment zoning districts in the city, i.e. the RA-2, High
Density Residential Apartment District, and the RA-3, Residential Apartment /
Office District These districts have similar setback requirements and are also
attached to this report.
RECOMMENDATION
Staff recommends that the Kalispell City -County Planning Board adopt FRDO
staff report #KZTA-99-4 as findings of fact and, based on these findings,
recommend to the Kalispell City Council the minimum side yard setback
requirements for the RA-1, RA-2 and RA-3 zoning districts, be amended to
require ` five additional feet for each increment of five feet above 25 feet in height
for structures located in the setback area.'
H: \... \KZTA\98 \ KZTA99-4
4
RA-1 LOW DENSITY RESIDENTIAL APARTMENT
Sections:
27.09.010 Intent
27.09.020 Permitted Uses
27.09.030 Uses Which May Be Permitted By Conditional Use Permit
27.09.040 Property Development Standards
27.09.010: Intent. A residential apartment district to provide areas for multi-
family use and compatible non-residential uses of medium land use
intensity. It should be served with all public utilities and be in close
proximity to municipal services and shopping districts.
27.09.020: Permitted Uses.
(I). Boarding house, incidental.
(2). Church/ worship /parish/Sunday school buildings.
(3). Day care (family or group day-care homes).
(4). Dwelling, duplex.
(5). Dwelling, single family.
(6). Parks.
27.09.030: Uses Which May Be Permitted By Conditional Use Permit.
(1). Artist studio with incidental sales_
(2). Bed and breakfast.
(3). Boarding house.
(4). Catering establishment/home occupation/maximum two
temporary employees.
(5). Clinics, medical when adjacent to a hospital.
(6). Colleges/university-private and public.
(7). Community center/gym/swim pools - operated by public and
quasi -public.
(8). Community residential facility for eight (8) or fewer persons.
(9). Community residential facility for more than eight (8) persons.
(10). Day care center.
(11). Dwelling, multi -family.
(12). Dwellings, cluster development.
(13). Electrical distribution station.
(14). Foster or group homes serving eight (8) or fewer persons.
(15). Foster or group homes serving more than eight (8) persons.
(16). Fraternity/sorority houses, must be within .5 miles of school.
(17). Golf courses.
(18). Hospital.
(19). Law enforcement/fire stations.
(20). Libraries, museums, and similar cultural facilities.
5
(21). Lodges/fraternal/social organizations, non-profit.
(22). Manufactured home parks.
(23). Manufactured home subdivisions.
(24). Nursing/convalescent homes for the care of the aged.
(25). Pharmacy.
(26). Personal care facility.
(27). Railroad rights -of -way.
(28). - Recreational area, non-commercial.
(29). Restaurants, as an incidental use.
(30). Retirement home.
(31). Schools, commercial (see definition).
(32). Schools, private/public, grades 1-12.
(33). Shelters.
(34). Temporary building/structure.
(35). Undertaking/mortuaries/funeral homes/parlors.
(36). Water storage facilities.
27.09.040: Property Development Standards.
(1). Minimum Lot Area 6000 sf plus 3000 sf for each additional
unit beyond duplex.
(2). Minimum Lot Width (FT): 60
(3). Minimum Yards (FTj:
Front Yard - 20
Side Yard - 10 + additional 10 feet for each
increment of
10 feet above 25 feet in height.
Rear Yard -20
Side Comer - 20
(4). Maximum Building Height (FIJ: 35
(5). Permitted Lot Coverage (%): 40
(6). Off -Street Parking: Refer to Sections 27.26 and 27.27
(7). Maximum Fence Heights (FT): As per 27.22.090.
RA-2 High Density Residential Apartment- Page 7
CHAPTER 27.10
RA-2 HIGH DENSITY RESIDENTIAL APARTMENT
Sections:
27.10.010 Intent
27.10.020 Permitted Uses
27.10.030 Uses Which May Be Permitted By Conditional Use Permit
27.10.040 Property Development Standards
27.11.010:.Intent. A residential apartment district to provide areas for multi-
family use and compatible non-residential uses of high land use
intensity. This district is intended for central and inner-city use and
not for suburban use. This district demands public and community
facilities and a buffer area between it and other residential districts.
27.10.020: Permitted Uses.
(1). Bed and breakfast.
(2). Boarding house.
(3). Church/worship/parish/Sunday school buildings.
(4). Day care (family or group day-care homes).
(5). Dwelling, duplex.
(6). Dwelling, single family.
(7). Parks.
27.10.030: Uses Which May Be Permitted By Conditional Use Permit.
(1). Artist studio with incidental sales.
(2). Catering establishment/home occupation/maximum two
temporary employees.
(3). Colleges/university-public and private.
(4). Community center/gym/swim pools -operated by public/quasi-
public.
(5). Community residential facility for eight (8) or fewer persons.
(6). Community residential facility for more than eight (8) persons.
(7). Day care center.
(8). Dwelling, cluster development..
(9). Dwellings, multi -family.
(10). Electrica'_ distribution station.
(11). Foster or group homes serving eight (8) or fewer persons.
(12). Foster or group homes serving more than eight (8) persons.
(13). Fraternity/sorority houses, must be within .5 miles of school.
(14). Golf courses.
(15). Hospitals.
(16). Law enforcement/fire stations.
(17). Libraries, museums, and similar cultural facilities.
7
RA-2 High Density Residential Apartment- Page 3
(18). Lodges/fraternal and social organizations, non-profit.
(19). Manufactured home parks
(20). Manufactured home subdivisions.
(21). Nursing/convalescent homes for the care of the aged.
(22). Office, operated as a home occupation with no public contact.
(23). Personal care facility.
(24). Pharmacy.
(25). Railroad rights -of -way.
(26). Recreational area, non-commercial
(27). Restaurants, as an incidental use.
(28). Retirement home.
(29). Schools, public or private, grades 1-12.
(30). Schools, commercial (see definition).
(31). Shelters.
(32). Temporary building/structure.
(33). Undertaldng/ mortuaries/ funeral homes/parlors
(34). Water storage facilities.
27.10.040: Property Development Standards.
(1). Minimum Lot Area: 6000 sf plus 1500 sf for each additional
unit beyond duplex.
(2). Minimum Lot Width (FT): 60
(3). Minimum Yards (FT):
Front Yard -'20
Side Yard - 10 + 10 additional feet for each
increment of
10 feet beyond 25 feet in height
Rear Yard -20
Side Corner - 20
(4). Maximum Building Height (FT): 40
(5). Permitted Lot Coverage (%): 45
(6). Off -Street Parking: Refer to Sections 27.26 and 27.27
M. Maximum Fence Heights (FIJ:
As per 27.22.090.
8
RA-3 Residential Apartment/Office- Page 9
CHAPTER 27.11
RA-3 RESIDENTIAL APARTMENT/OFFICE
Sections:
27.11.010 Intent
27.11.020 Permitted Uses
27.11.030 Uses Which May Be Permitted By Conditional Use Permit
27.11.040 Property Development Standards
27.11.010: Intent. A residential apartment -office district to provide areas for
professional, governmental, and private offices, banks, and similar
institutions, cultural and governmental facilities and limited
business at locations where they are compatible with residential
apartment uses and where it is not deemed desirable to permit a
more intensive business activity of a retail nature.
This district serves as a buffer zone between other commercial
districts and adjacent residential areas. The location of this district
depends on proximity to major streets, arterials, and business
districts. This district shall be located within or adjacent to business
corridors, shopping islands or the Central Business District.
27.11.020: Permitted Uses.
(1). Artist studio with incidental sales.
(2). Bed and breakfast.
(3). Boarding house.
(4). Chemical dependency/substance abuse clinic (outpatient
only) .
(5). Church/worship/parish/Sunday school buildings.
(6). Clinics, medical and dental.
(7). Counseling center for the physically and mentally disabled.
(8). Day care (family or group day-care homes).
(9). Dwelling, duplex.
(10). Dwelling, single family.
(11). Office, professional or governmental.
(12) . Parks.
(13). Pharmacy.
(14). Title company.
27.11.030: Uses Which May Be Permitted By Conditional Use Permit.
(1). Community center/gym/swim pools -operated by public/quasi-
public.
(2). Communi .y residential facility for eight (8) or fewer persons.
0
RA-: Residential ApartmenrOffice- Page 10
(3). Community residential facility for more than eight (8) persons.
(4). Day care center.
(5). Drive-in banking facility.
(6). Dwelling, multi -family.
(7). Dwellings, cluster development.
(8). Electrical distribution station.
(9). Foster or group homes serving eight (8) or fewer persons.
(10). Foster or group homes serving more than eight (8) persons.
(11). Libraries, museums, and similar cultural facilities.
(12). Office, operated as a home occupation/no public contact.
(13). Personal care facility.
(14). Recreational area, non-commercial.
(15). Schools, public or private, grades 1-12.
(16). Shelters.
(17). Temporary building/structure.
27.11.040: Property Development Standards.
(1). Minimum Lot Area: 7000 sf plus 1500 sf for each additional
unit beyond a duplex.
(2). Minimum Lot Width (F'IJ: 70
(3). Minimum Yards (FT):
Front Yard - 20
Side Yard - 10 except a 20 foot setback shall be
required
when the building height is 35 feet.
Rear Yard -20
Side Corner -20
(4). Maximum Building Height (FT): 35
(5). Permitted Lot Coverage (%): 50
(6). Off -Street Parking: Refer to Sections 27.26 and 27.27
(7). Maximum Fence Heights (FT):
As per 27.22.090.
10
APPttCATiON MA-ERIAL
April !2, 1999
Flathead Re& a1 Development Office .:
APR 12 1999
Regarditig; for amendment to RA-1 zoning text
F. R. 0. 0.
Dew Sir/Madam:
Endaeed please find my request for conedenition of amendment to the RA-1 zoning text,
specific pry of irrom in Buffalo Stage development.
The haute I vm Ad hk--e to build is 69 fieei wide an a lot that is 1 Of `'eet wide, therefore h
am nubjed to the 10 foot easement on each side which restricts me to the 25 foot height
limitation. My ply exceed the height requirement by 2 feet in order to build over 25
feet I would have to adjust my places by 9 fext. i do runt feel it is jststified to categorize and
restrict a building 27 fed in height tD the same restricaons as a building that is 35 feet
high.
The bright mquftcrae tt in relation to the setbacks complies the modem standard in
constructing ,howAm The average new home has 9 ficaat ceding heights, which in a two.
"stnx,ture tstab eighteen feet The builder also creeds to account for additional space
for Boor jots oe each level and ftxwdarion This leaves the builder with only 3 1/2 feet
for the roof under the current regulations; therefore the pitch on the roof loss an extremely
mild grade..
Tie cmtsx regulatm is as follows:
27.0l.M ;gyp
(!} Lot Area 6004 sf pdus 3000 sf for eseh
{Z) WadIMM Lot ,;rK t (FT}: 60
(31 Kaiza= Ya lds TI)r
Froca Yard - 20
Sde Yard - 10+0&dWal 10 feet for each
of 10 fea ate 25 feet is
h6shL
Rea Yard - 20
Side Confer • 20
(4} Muimwa Bui1d'ing Haight (fix 35
(S} PaTnircd Lot CavmV C%i 40
(6) off -Stan Pad&4: Refa to S=fiow 27.26 and 27.27
(Jh. MIXiM as Ftt= HAGWI TT
As per 27.22 M.
The arnenrhwnt I would like you to consider would be to simply compromise with a foot
to foot ratio. For example if soy borne exceeds thx height regulation of 25 fret by 1 foot
sty tad backs would be i 3ddftwml foot toteling l I €cet instead of twcnty.
I oast this infounatkn is satisfactory for your consideration If you have any questions,
please feel free to contact me at (406) 755-45M
Thank you for your time and aucrition.
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Flathead Regional Development Office
723 5+h Ave. East Room 414
Kalispell, MT 59901
Phone: (406)758-5980 Fa= (406)758-5781
PETITION FOR ZONING AMENDMENT
CITY OF KALISPELL
i
APR i ? ;cog
NAME OF APPLICANT: P. c.%ci_ rA S. ct ke V
MAIL ADDRESS: P G• fox 5,? 7
CITY/STATE/ZIP: tca.!' s del/ { T 599C3 PHONE: CyC6- Z.5 S
INTEREST IN PROPERTY:
ZONING MAP AMENDMENT: ZONING TEXT AMENDMENT:
IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE TEXT OF THE
ZONING REGULATIONS, PLEASE COMPLETE THE FOLLOWING:
A. What is the proposed zoning teat amendment?
IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP,
PLEASE COMPLETE THE FOLLOWING:
A. Address of the property:
B. Legal Description:
(Lot and Block of Subdivision; Tract #)
(Section, Township, Range) (Attach sheet f•.)r metes and bounds)
C. The present zoning of the above property is:.
D. The proposed zoning of the above property is: .
E. State the changed or changing conditions that make the proposed
amendment necessary:
1
HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE
OF:
A. Promoting the Master Plan
B. Lessening congestion in the streets and providing safe access
C. Promoting safety from fire, panic and other dangers
D. Promoting the public interest, health, comfort, convenience, safety and general
welfare
E. Preventing the overcrowding of land
F. Avoiding undue concentration of population
G. Facilitating the adequate provision of transportation, water, sewage, schools,
parks and other public facilities
04
H. Giving reasonable consideration to the character of the district
I. Giving consideration to the peculiar suitability of the property for particular
uses
J. Protecting and conserving the value of buildings
K. Encouraging the most appropriate use of land by assuring orderly growth
The signing of this application signifies approval for F.R.D.O. staff to be present on
the property for routine monitoring and inspection during approval process.
C)-,(-/,I, -?r-
(Date)
K
APPLICATION PROCESS
APPLICABLE TO ALL ZONING APPLICATIONS:
A. Pre -Application Meeting:
A discussion wits. the Planning Director or designated member of staff must
precede filing of this applicz: :ion. Among topics to be discussed are: Master
Plan compatibility with the application, compatibility of proposed zone change
with surrounding zoning classifications, and the application procedure.
B. Completed application form.
C. Application fee per schedule, made payable to the Flathead Regional
Development Office.
Fee Schedule
Zone Change:
Basefee........................................................................$400.00
For first 80 acres of area of the request.................Add $5/acre
For requests for 81 - 160 acres.............................Add $3/acre
For requests covering 161 acres or more...............Ad"I/acre
Amendment to Zoning Text ......................................................$300.00
PUD Zoning Review:
Residential.................................................................... $400.00
Commercial................................................................... $500.00
MixedUse.....................................................................$650.00
D. The application must be accepted as complete by the FRDO staff thirty 130)
days prior to the date of the meeting at which it will be heard in order that
requirements of state statutes and the zoning regulations may be fulfilled.
APPLICABLE TO APPLICATIONS FOR ZONE CHANGE:
A. Application Contents:
Petition for zone change signed by at least 50% of the property owners in
the area for which the change in zoning classification is sought.
2. A map showing the locatioi: and boundaries of the property.
3. A list of the names and mail addresses of all property owners within 150
feet of the subject property as shown on the Assessor's roll.
Example
Assessor's S-T-R Lot/Tract Property Owner
No. No. and Mail Address
4. A title report of the subject property.
0
OCKEY TEXT A request by Rich Ockey for a text amendment to the side yard
AMENDMENT setback requirements in the RA-1 zoning district.
STAFF REPORT Narda Wilson of FRDO presented staff report KZTA-99-4 in which
staff recommends that the Board recommend the minimum side
yard setback requirements for the RA-1, RA-2, and RA-3 zoning
districts be amended to require `five additional feet for each
increment of five feet above 25 feet in height for structures located
in the setback area.' She stated that staff has had concern over
the current regulations and that the amendment is supported by
the staff in all of the apartment zoning districts. Wilson was -
questioned about the procedure for an ordinance change and she
stated that the city council would have a first reading in June and
then a second reading as required for ordinance changes.
PUBLIC EMARING The public hearing was opened to those in favor of the petition.
PROPONENTS Richard Ockey, applicant, spoke in favor of the request noting that
this would allow them to build their new home as their plans
show. He noted that in order to build a two story home with a
b/ 12 pitched roof in this zoning district an amendment to the
regulations is required.
Kevin Orick, spoke in favor of the five foot increment requirements
rather than the foot to foot ratio as this would allow for a buffer
from one house to another which is present in the other homes in
the surrounding community.
No one else wished to speak for or against the application and the
public hearing was closed.
BOARD DISCUSSION The board discussed the application and considered public
comment and asked why there was need for the incremental
additions to the setback based on the height of a building instead
of having a straight ten foot setback. Wilson stated that having
the additional five foot increments would be consistent with the
area and that by having five foot increments rather than a foot to
foot ratio provides for a margin of error.
Mann noted that he saw no need for additional setback
requirements based on building height, that a straight ten foot
setback seemed reasonable.
Garberg noted that a taller home would be somewhat obtrusive to
the adjacent home without the additional setback.
Stevens noted that - this is about single family homes not
apartment buildings, and that with apartment buildings this
requirement would be reasonable because their height can be
more imposing.
Wilson noted that this could be apartment buildings because this
is the zoning area in which apartments may be built, therefore
they should be considered.
Kalispell City County Planning Board
Minutes of meeting May 11. 1999
Page 7 of 9
MOTION Brenneman moved and Hines seconded to adopt staff report KZTA-
99-4 as findings of fact and, based on these findings, recommend
to the Kalispell City Council that the minimum side yard setback
requirements for the RA-1, RA-2, and RA-3 zoning districts be
amended to require `five additional feet for each increment of five
feet above 25 feet in height for structures located in the setback
area.* On a roll call vote: Garberg, Brenneman, Hines, Rice, and
Sipe voted Aye. Mann, Stevens, Heinecke, and Johnson voted No.
The motion to recommend amendment of the setback
requirements passed on a vote of five in favor and four opposed._
Those members in opposition to the motion noted that they were
not against amending the setback requirements but would want to
have a straight ten foot setback rather than having any additional
setback required due to the height of the buildings.
COLUM 31A FALLS A request by Columbia Falls Lounge Corporation for a conditional
LOUNGE use permit to allow the conversion of an existing lounge in the
CORPORATION Kalispell Center Mall into a casino in property located in the B-4
CONDITIONAL USE district.
PERMIT
STAFF REPORT Narda Wilson of the FRDO presented staff report KCU-99-5 in
which staff recommends that the board recommend that the
conditional use permit be granted subject to three conditions. She
stated that there would be insignificant impacts associated with
this conversion.
PUBLIC EMARING The public hearing was opened to those in favor of the petition.
PROPONENTS Tom Maier, manager of Cavenaugh's, spoke in favor of the petition
and stated that they have a current lease request for a casino and
ask that the board approve the conditional use permit.
Dan Jones, attorney for Columbia Falls Lounge Corporation, spoke
in favor of the petition noting that there would be very little impact
to the current lounge or the mall.
No one else wished to speak for or against the petition and the
public hearing was closed.
BOARD DISCUSSION Garberg noted that the board has looked at several casino
requests in the past and that there is a build up of opposition to
more casinos in the area. He noted that this facility is located in
the mall and this is a family oriented area and he spoke out
against the request for any additional casinos especially in this
location.
Heinecke asked if this was an expansion of the other casino in the
mall and it was explained that this was a separate establishment.
He stated that he too was against any further casino development
in the city.
Stevens stated that he did not believe that this is the proper forum
to stop the development of casinos, that even though he is not
specifically fond of them he believed that the question of casinos is
best left to the legislature.