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Tab 07. April 7, 2009 Bertelsen Staff ReportNEIL M. BERTELSEN REQUEST FOR INITIAL ZONING OF B-2/PUD UPON ANNEXATION STAFF REPORT#KA-09-01 KALISPELL PLANNING DEPARTMENT APRIL 7, 2009 This is a report for the Kalispell City Planning Board and the Kalispell City Council regarding the initial zoning of B-2 (General Business) with a planned unit development (PUD) placeholder upon annexation to the city for property located on the west side of Highway 93 between Cemetery Road and Welf Lane. A public hearing has been scheduled before the planning board for April 14, 2009 beginning at 7:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. This report evaluates the appropriate assignment of a city zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The property owner has petitioned for annexation and initial zoning classification of B-2/PUD. A. Petitioner and Owners: Neil Bertelsen 217 Spring Creek Road Kalispell, MT 59901 (406) 257-3164 Technical Assistance: Marquardt and Marquardt Surveying, Inc. 201 Third Avenue West Kalispell, MT 59901 (406) 755-6285 B. Location and Legal Description of Property: The 2.48 acre project site is located on the west side of Highway 93 approximately 300 feet west of the intersection of Highway 93 and Cemetery Road. The property is developed with a single-family residence with the address of 135 Cemetery Road with the property extending between Cemetery Road and Welf Lane. The 2.48 acre site includes the following assessor's tract numbers: I IFAA, 11 KA, 11 K, 11 W, 11 S, 11J, 11H, 11V and is located in the NE 1/4 of Section 29, Township 28 North, Range 21 West. C. Existing zoning: The 2.48 acre site is currently zoned R-5 under the Flathead County zoning regulations. The R-5 zoning district is a residential district with minimum lot areas (5,400 square feet), with both single family homes and duplexes permitted in this district. Commercial development requires a conditional use permit and includes such uses as beauty salons, day care centers and mini storage units. All development within the district requires public utilities. D. Proposed Zoning: The B-2, General Business, zoning district is proposed for the entire 2.48 acre site. The B-2 zoning district is intended to provide areas for those retail sales and service functions and businesses whose operations are typically characterized by outdoor display, storage and/or sale of merchandise. This district would also serve the general needs of the tourist and traveler and depends on the proximity to major streets and arterials. The zoning ordinance recommends the B-2 zoning district be located in business corridors or in 1 The Planned Unit Development (PUD) placeholder is also proposed to be placed over the entire project site in conjunction with the B-2 zoning district. Because the project site is located at a prominent intersection along Highway 93, the planning department recommended the owner include the PUD placeholder on his property in conjunction with the B-2 zoning. The intent of the PUD placeholder is to allow the owner or future developer to enter into a development agreement with the city, binding the property to a future PUD application. The PUD placeholder does not require the developer to provide any application materials or development plans and the developer does not receive any entitlements other than a commitment between the city and the developer that if development is to proceed it will be done via the PUD process. Prior to development of the individual properties, the developer would submit for review and approval a full PUD application as required by the zoning ordinance. The full PUD application would be reviewed by staff and recommendation made to the planning board and city council. The purpose for the PUD is to provide a coordinated design with existing development, incorporate good access design at this critical intersection, future development does not negatively impact the airport to the north and that any development is attractive because of its prominent location on an entrance corridor to south Kalispell. E. Size: The area proposed for annexation and zoning encompasses approximately 2.48 acres. F. Existing Land Use: The majority of the 2.48 acre site is unimproved. There is an existing house on the southern portion of the project site with access off of Cemetery Road. There are several other smaller sheds and outbuildings scattered around the property. Figure 1: An aerial photo of the project site and surrounding area. BERTELSON PROPOSED ANNEXATION VICINITY MAP QPro"Sod Annoxation A.9a ^ 2 G. Adjacent Land Uses and Zoning: Adjacent land uses are a mix of commercial and residential uses. Commercial uses in the immediate area include a gas station and.car dealership. North: Residential and commercial,. County R-5 (Two -Family Residential) West: Residential, County R-5 South: Commercial and pasture land, East: Commercial and undeveloped County. R-1 H. General Land Use Character: City B-2 and B-2 / PUD property, City B-2 and B-5/PUD, The general land use character of the Highway 93 South corridor is commercial and light industrial uses concentrated along Highway 93. Immediately surrounding the project site is a mix of commercial uses and residential homes. South of the project site, on the south side of Cemetery Road, the city recently annexed a 207 acre property that is currently undeveloped. I. Availability of Public Services and Extension of Services: Existing city infrastructure in this area includes city water and sewer lines running the length of Highway 93 from Cemetery Road south to the Old School Station subdivision. These lines have been oversized to serve the anticipated future development that would occur on the land included with the annexation request. EVALUATION. BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-303, Montana Code Annotated (M.C.A.). Findings of fact for the zone change request are discussed relative to the itemized criteria described. by 76-2-304, M. C.A. 1. Does the requested zone comply with the Kalispell Growth Policy? The properties are designated by the Kalispell Growth Policy 2020 as Commercial which is intended for retail, offices, services, mixed use and residential development. Chapter 4, Policy 3 of the Growth Policy states that commercial districts along major arterials are anticipated to provide for uses that require space for outdoor display of merchandise, storage materials and/or equipment and outdoor sales areas and expansion of these areas should be contingent upon the provision of public services and adequate infrastructure. Based on the growth policy land use designation the owner requested the B-2 (General Business) zoning district upon annexation. The proposed B-2 zoning district permits a variety of office, commercial and residential uses that are compatible with the commercial land use designation. This is based on the B-2 zoning district's intent to provide areas for retail sales and service functions and businesses whose operations are typically characterized by outdoor display, storage and/or sale of merchandise. In addition to zoning the 2.48 acre site B-2 upon annexation the owner is, also requesting the Planned Unit Development (PUD) placeholder is included in the zoning. The PUD. placeholder will allow the developer to enter into a , development agreement with the city, binding the property to a future PUD.. application at the time actual development is proposed. The PUD placeholder will be beneficial to both the current or future developers and the city as it would take into account the development of existing or future development plans in the area and insure future development on this site is attractive from Highway 93.. The PUD placeholder does not require the owner to provide any application materials or development plans at this time. The owner does not receive any entitlements other than a commitment between the city and the property owner that if development is to proceed it will be done via the PUD process. Prior to development of the individual properties, the owner would submit for review and approval a full PUD application as required by the zoning ordinance. In conclusion, the proposed B-2/PUD zoning district is consistent with the commercial land use designation shown on the Kalispell Growth Policy Future Land Use Map and the Kalispell Growth Policy. 2. Is the requested zone designed to lessen congestion in the streets? The uses allowed under the proposed B-2 zoning district may generate more traffic than those allowed under the existing R-5 county zoning. This is because the proposed B-2 zoning includes residential development in addition to small and large scale commercial retail. The B-2 zoning district depends on the proximity to major streets and arterials. Cemetery Road, located on the south side of the project site, is designated a minor arterial in the Kalispell Growth Policy, chapter 10, Transportation. Highway 93, approximately 300 feet to the east of the project site is designated a major arterial in the Kalispell Growth Policy. Highway 93 has had significant upgrades with respect to road widening and resurfacing in the last five years. These upgrades have allowed the highway to handle more traffic at higher speeds. By placing the PUD placeholder over the property the city council will have the authority to review and require upgrades to Cemetery Road to handle increased traffic due to the new development on the project site. Development may also be limited to access off of Cemetery Road only in order to minimize development impacts to Welf Lane. 3. Will the requested zone secure safety from fire, panic, and other dangers?. Adequate access and public facilities are available or would be constructed in conjunction with future development of the site in the case of an emergency. Any 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 would be available to the property. For water and sewer service this may require main line extensions by the developer for future projects. 4 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 which would be consistent with the city's .growth policy map and provide a place for new residential and/or commercial business uses to locate within city limits. 5. Will the requested zone provide for adequate light and air? Setback, height, and coverage standards for development occurring on the properties are established in the Kalispell Zoning Ordinance to ensure adequate light and air is provided. 6. Will the requested zone prevent the overcrowding of land? The potential development associatedwith the property would be limited by both the development standards associated with the B-2 zoning district and the types of uses permitted under the zoning. The PUD placeholder will ensure that the uses and layout of properties included in the annexation will not cause an overcrowding of land. Commercial development in this area is appropriate because of its location and the availability of urban services. 7. Will the requested zone avoid undue concentration of people? Minimum lot standards and use standards will avoid the undue concentration of people if the properties are further developed. In addition, the PUD process will help mitigate any impacts associated with Cemetery Road, Welf Lane and Highway 93 as well as the surrounding residential development. 8. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? All public services and facilities are available to be extended to the project site in conjunction with future development. The project site has legal access onto either Cemetery Road or Welf Lane. There are no sidewalks or bike paths along the Cemetery Road or Welf Lane. This will make pedestrian or bicycle travel difficult and require future development on the project site to install bike or pedestrian paths along Cemetery Road and Welf Lane to connect with existing pedestrian/bike paths in the area. Utility connections and transportation corridors would be addressed when development is proposed on the property. 9. Does the requested zone give consideration to the particular suitability of the property for particular uses? The 2.48 acre project site is fairly level, not within any floodplain areas and no mapped streams or wetlands are present. The proposed B-2 zoning district is consistent with the surrounding land uses to the east and south and gives due consideration of the suitability of this property for the permitted uses in the district. The property is suitable for commercial land uses as indicated by the Growth Policy. 10. Does the requested.zone give reasonable consideration to the character of the district? The property is located off of Cemetery Road and is adjacent to the US.Highway 93 South right-of-way. City B-2 zoning exists immediately south and east of the site. Although residential homes are immediately north and west .of the project site, the city's growth policy map . has designated this area as appropriate .for commercial land uses. This is due to the sites proximity to US Highway 93 and the. fact that the intersection of Highway 93 and Cemetery Road. will see increased traffic in the future. More intensive traffic at the intersection of Cemetery Road and US Highway 93 would not be ideal for residential land uses. 11. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the B-2 zoning 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? Commercial and residential development should be encouraged in areas where services and facilities are available to support these types of uses permitted or conditionally permitted under the B-2 zoning district. The proposed zoning and potential subsequent uses would be consistent with the surrounding land uses in the area. When development occurs, construction standards outlined and required in the city's building codes and subsequent PUD review will help to enhance one of Kalispell's most used gateway entrance corridors. RECON=NDATION: Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-09-01 as findings of fact and recommend to the Kalispell City Council that the initial zoning for the properties upon annexation be B-2/PUD (General Business/Planned Unit Development).