3. Ordinance 1646 - Zoning Text Amendment - Mark Waatti - 1st ReadingPLANNING: FoRTHE � .MU1VT� 1J
REPORT TO: Kalispell Mayor and City Council
FROM: Nicole C. Johnson, Planner 11
Jaynes H. Patrick, City Manager
Planning Department
201 1't Avenue East
Kalispell. MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kaHspeff.com/plannin
SUBJECT: Kalispell Zoning ordinance Text Amendment to reduce setbacks in the
RA-2 zone
MEETINGr DATE: October 6, 2008
BACKGROUND: The Kalispell City Planning Board met on September 9, 2008 and held a.
public hearing to consider a request by Mathew waatti to reduce the setbacks in the RA-2
(High Density Residential Apartment) zone from 24 feet in the front and rear yard and 10 feet
on the side yard to 15 feet in the front yard, 10 feet in the rear yard and 5 feet on the side
yards.
Nicole C. Johnson of the Kalispell Planning Department, presented staff report # KZTA-OS-03
evaluating the proposal. Johnson explained that the zone is intended to provide opportunity
for higher intensity residential development, but that the zone permits single-family and
duplex dwellings. Most of the lots in the district are of standard size (50 feet by 142 feet) and
the larger setbacks limit ghat can be developed on a single lot when an owner only has one
lot. Following the report, staff recommended approval of the reduced setbacks. There were
no comments received at the public hearing.
The board discussed the proposal and the potential related impacts including parking and the
ability to require greater setbacks for multi -family structures through the conditional use
permit process. A motion was made and passed unanimously to recommend to the Kalispell
City Council that the Kalispell Zoning ordinance be amended as proposed.
RECOMMENDATION: Staff recommends mends adopting the first reading of the ordinance to amend
the Kalispell Zoning ordinance as recommended by the planning board.
FISCAL EFFECTS: None expected.
Report compiled: September 17, 2008
cc: Theresa white, Kalispell City Clerk
ORDINANCE NO.1646
AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE (ORDINANCE NO,
1460), BY REDUCING THE SETBACKS IN THE RA-2, HIGH DENSITY RESIDENTIAL
APARTMENT DISTRICT, AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Mathew waatti petitioned to amend the Kalispell Zoning Ordinance, by reducing the
setbacks required in the R.A.-2, Nigh Density Residential Apartment zoning district, and
WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning Commission
by the Kalispell Planning Department after having been evaluated under 27.14.030,
Kalispell Zoning Ordinance, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the text of
the Kalispell Zoning ordinance be amended by reducing the setbacks required in the RA-
2, High Density Residential Apartment zoning district, from 20 feet in the front and rear
yards and 1.0 feet on the side yard to 1.5 feet in the front yard, 10 feet in the rear yard and
5 feet on the side yards, and
WHEREAS, the City Council has reviewed the KPD Report and the transmittal from the Kalispell City
Planning Board and Zoning Commission and hereby adopts the findings made in Report
#KZTA-08-3 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. 1460, is hereby amended
by reducing the setbacks required in the RA-2, High Density Residential
Apartment zoning district, from 20 feet in the front and rear yards and 10 feet on
the side yard to 15 feet in the front yard, 1.0 feet in the rear yard and 5 feet on the
side yards.
SECTION II. All parts and portions of Ordinance No. 1460 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 20TH DAY OF OCTOBER, 2008.
Pamela B. Kennedy
Mayor
Theresa white
City Clerk
September 29, 2003
James H . Patrick, city Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Kalispell zoning ordinance Text Amendment to reduce setbacks in the RA-2 zone
Dear Jinn.:
The Kalispell city Planning Board met on September 9, 2008 and held a public hearing to
consider a request by Mathews waatti to reduce the setbacks in the RA-2 (High Density Residential.
Apartment) zone from 20 feet in the front and rear yard and 10 feet on the side yard to 15 feet in
the front yard, 10 feet in the rear yard and 5 feet on the side yards.
Nicole C. Johnson of the Kalispell Planning Department, presented staff report # KZTA-08-03
evaluating the proposal. Johnson explained that the zone is intended to provide opportunity for
higher intensity residential development, but that the zone permits single-family and duplex
dwellings. Most of the lots in the district are of standard size (50 feet by 142 feet) and the larger
setbacks limit ghat can be developed on a single lot when an owner only has one lot. Following the
report, staff recommended approval of the reduced setbacks. There were no comments received at
the public hearing.
The board discussed the proposal and the potential related impacts including parking and the
ability to require greater setbacks for multi -family structures through the conditional use permit
process. A notion was made and passed unanimously to recommend to the Kalispell City council
that the Kalispell zoning ordinance be amended as proposed.
Please schedule this matter for the October 6, 2008 regular Kalispell City Council meeting. You
may contact this board or Nicole C. Johnson at the Kalispell Planning Department if you have any
questions regarding this matter.
Sincerely,
Kalispell City Planning Board
Bryan H. Schutt
President
Attachments: Staff report #KZTA-08-03 and application materials
Draft minutes 9/9/08 planning board meeting
c w J o Att: The Villas, LLC, Mathew waatti, 27 Meridian court, Ste 117, Kalispell, MT 59901
c w /A.tt: Theresa White, Kalispell city clerk
KALISPELL CITY PLANNING BOARD & ZONING C[3MUSSION
AHNiTTES OF REGULAR METING
SEPTEM33ER 9, 2008
CALL TO ORDER AND DOLL
The regular meeting of the Kalispell city Planning Board and
CALL
zoning Commission was called to order at 7:00 p.m. Board
members present were: Rick Hull, John Hinchey, Vice President,
Richard Griffin and. Troy Mendius. C.M. (Butch) Clark, Bryan
Schutt and Jim Williamson were absent. Ton Jentz, Nicole
Johnson, P.J. Sorensen and Sean Conrad represented the Kalispell
Planning Department. There were approximately 14 people in the
audience.
APPROVAL OF MINUTES
Griffin moved and Hull seconded a motion to approve the minutes
of the August 12, 2008 Kalispell City Planning Board meeting.
ROLL CALL
The motion passed unanimously on a roll call vote.
PUBLIC C[]lll,[MENT
No one wished to speak.
MARK WAATTI TEXT
A request by Mark Waatti to amend Section 27.10.040(3) of the
AMENDMENT, KZTA-08-03
Kalispell zoning ordinance. The amendment would reduce the
minimum yard setbacks in the RA-2 (High Density Re side ntial
Apartment) zone. The current setbacks are: 20 feet for the front
yard, 10 feet for the side yard., 20 feet for the rear yard and 20 feet
for the side corner area. The proposed setbacks are: 15 feet for
the front yard, 5 feet for the side yard, 10 feet for the rear yard. and
15 feet for the side corner area of the yard.
STAFF REPORT KZTA-08-03
Nicole Johnson representing the Kalispell Planning Department
reviewed staff report KZTA- 08-03 for the board.
Johnson said this is a request to change the setbacks in the RA-2
zoning district to support the development of permitted uses such as
townhouses and duplexes in that zone. Mr. Waatti submitted a
request to reduce the setbacks because he is interested in
developing duplexes in the RA-2 zone and right now the setbacks
are, he feels, a little too restrictive when dealing with one standard
city lot.
Johnson reviewed photographs of existing residential buildings in
some areas of the RA-2 zone that already appear to have 5 foot
setbacks and she said this text amendment would bring those
buildings more into compliance with the regulations.
Johnson said stall' looked at existing development in the area, and
the permitted and conditionally permitted uses. Multi -family
buildings require a conditional use permit in the RA-2 zones and
through that process greater setbacks may be required. In addition,
the parking allotment would remain the same and still needs to be
provided.
Staff recommends that the Kalispell City Planning Board and. Zoning
Commission adopt staff report KZTA-08-03 as findings of fact and
recommend to the Kalispell City Council that Section 27.10.040(3) of
the Kalispell zoning ordinance be amended to reduce the minimum
yard setbacks in the RA-2 zone. The setbacks are 15 feet for the
Kalispell city Planning Board
Minutes of the meeting of September 4, 2008
Page 1 of 7
front yard, 5 feet for the side yard, 10 feet for the rear yard and 15
feet for the side corner area of the yard.
BOARD QUESTIONS
Rick Hull asked what is the typical front yard setback and Johnson
said it depends on the zone but in the R-3 zoning district, which is
the standard single -fancy zone, the front yard setback is 20 feet.
Hull asked if that is 20 feet from the sidewalk and Jentz responded
20 feet from the public right-of-way so it varies depending on where
the right--of-way lies.
Griffin asked if every lot was backed by an alley and. Johnson said
most of there are. Griffin asked ghat would be allowed in the alley
with the proposed rear setback or would there be no parking at all..
Johnson said parking may be provided in the alley but it would
depend on the location of a rear -loaded garage and the setback from
the alley. Griffin asked if the front setback would still allow street
parking and Johnson said a single-family home has to provide 2 off-
street spaces somewhere on the lot but within the setbacks.
Hinchey asked if the setbacks are for the primary residence and
Je ntz said yes.
Griffin asked how a 10 foot separation is addressed from the Fire
Department's standpoint and the building codes. Johnson said
currently the R-4 Two Family iy Residential) zoning district has the
same setbacks that are proposed. once you go beyond 3 units in one
building additional setbacks or safety infrastructure are required to
meet the International Fire Code and the building code.
Hull asked if the setback is measured from the eave line or the
foundation and Johnson said the eave line. Hull noted that would
make the setback appear larger.
Hinchey asked what prompted this change because he noted there
are a lot of buildings that do not comply currently. Johnson said the
larger setbacks were put into place because the zone promotes the
multi -family larger scale developments. She reminded the board that
there is a conditional use process in place for multi -family proposals
and the board will be able to address appropriate setbacks on a
case--by-case basis.
APPLICANT/ CONSULTANTS
None.
PUBLIC HEARING
No one wished to speak and the public hearing was closed.
MOTION
Hull moved and Mendius seconded a motion to adopt staff report
KZTA-08-03 as findings of fact and recommend to the Kalispell City
Council that Section 27.10.040(3) of the Kalispell zoning ordinance
be amended to reduce the minimum yard setbacks in the RA-2 zone
to the following: 15 feet for the front yard, 5 feet for the side yard, 10
feet for the rear yard. and 15 feet for the side corner area of the yard.
BOARD DISCUSSION
Hull noted the setbacks in the zones seem to be very inconsistent
and he felt it would be appropriate to adopt these setbacks for the
RA-1 zone as well. However he is somewhat concerned that houses
may be too close to the front property line.
Johnson stated staff is currently working on an update to the
Kalispell City Planning Board
Minutes of the meeting of September 9, 2008
Page 2 of 7
entire zoning ordinance to address those inconsistencies and one
change would be to adopt the same setbacks for RA-1 as proposed
for the RA-2 zone. Staff hopes to have a draft to the planning board
by the end of the year. Jentz noted the applicant in this case was
advised by staff to submit the text amendment for the RA-2 zone
now instead of waiting until the review of the entire zoning
ordinance is complete, which could take some time.
Griffin asked if the 35 feet height limit was in all zoning areas and.
Johnson said in the RA-2 zone the height restriction is 40 feet.
Mendius said although RA-2 is a high density residential
apartment zone this small area is actually 70 to 80% single-family
dwellings. Ten feet between 2 single-family dwellings is acceptable
but ghat would prevent a developer from constructing a 4 story
building 10 feet away from a single-family residence. Johnson said
that would be considered a multi -family unit and would have to go
through the conditional use permit process where those types of
issues would be discussed and appropriate setbacks could reduce
the impacts.
ROLL CALL
The motion passed unanimously on a roll call vote.
SIDERIUS
A request by the Siderius Family Limited Partnership to amend the
COMMONS/ HIGHWAY 93
Kalispell Growth Policy Fixture Land Use reap for a 207 acre site
SOUTH GROWTH POLICY
currently designated for commercial, industrial., and suburban
AMENDMENTS
residential land uses. The owners are requesting to amend the
growth policy map so as to eliminate the industrial and suburban
residential designations, expand commercial uses along the east
half of the site and incorporate higher density residential uses on
the crest half of the property.
Secondly the planning board directed planning staff to not only
review the requested amendment but to review and evaluate the
amendment as it relates to the general Highway 93 South area.
Based on this direction the planning department is recommending
the planning board and city council redefine the Highway 93 South
Growth Policy Amendment chapter of the Kalispell Growth Policy in
conjunction with the Siderius growth policy amendment.
STAFF REPORT KGPA-08-01
Sean Conrad representing the Kalispell Planning Department
reviewed staff report KGPA-08-01 for the board.
Conrad said before the board is a growth policy amendment that
includes a request from the Siderius family for Siderius Commons a
207 acre, mixed -use development proposed on the crest side of
Highway 93 South along with a revision to the Highway 93 South
Growth Policy Amendment that would amend the current area
boundaries and address the changing development patterns to the
south of Kalispell.
Conrad reviewed the current and proposed land use designations
and provided an overview of the proposed amendments to the growth
policy issues, goals and policies.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt staff report KGPA--08--01 as findings of fact and
approve Resolution KGPA-08-01 amending the Kalispell Growth
Kalispell City Planning Board
Minutes of the meeting of September 9, 2008
Page 3 of 7
CITY OF KALISPELL
KALISPELL PLANNING DEPARTMENT
WAATTI TEXT AMENDMENT
STAFF REPORT #KZTA-08-03
September 2, 2008
This is a report to the Kalispell City Planning Board & zoning Commission and the
Kalispell City Council regarding a request for a text amendment to the Kalispell
Zoning Ordinance to address property development standards listed in the RA-2 (High
Density Residential Apartment) zone, specifically setbacks. A public hearing has been
scheduled before the planning board for September 9, 2008, 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.
BACKGROUND INFORMATION
The applicant is requesting reduced setbacks in the RA-2 zone to allow for the
reasonable development of single-family or duplex dwellings on a standard city lot
(50 feet by 142 feet). The applicant feels the yard setbacks are currently too
restrictive for lots of this size which are typical in the zone listed permitted uses
such as single-family, duplex and townhouse dwelling units. For ease of
administration, the proposed amendment to reduce setbacks would apply to all uses
permitted and conditionally permitted within the district.
Note: The Kalispell Planning Department is in the process of reviewing the current
standards set forth in the Kalispell zoning Ordinance and will be proposing revisions
in 2009 for all districts, which include the setbacks proposed here for the RA-2 zone.
A. Petitioner: The Villas, LLC -- Mathew Waatti
27 Meridian Court, Suite 117
Kalispell, MT 59901
(406) 755-8485
B, Area Effected by the Proposed Changes: The proposed changes would affect
all RA-2(High Densit Residentialy � .
�'''t 5.� „�;:-,'! •� �. ,�
Apartment) property within the Cit s fR Y �_
p ) p p y y.
jurisdiction. There is only one area within
y _
the city limits currently zoned RA-2 an r
rJ J e��.'.1::.�y�,�`."� . ��.. w`s. ��"•'r ,ram' ' �� �� �: y �� � ��A .`�4:
approximately five and a half block area
F<."Is.'V:.e:4 , �nv4 �Y i�..:. :''.::. �r'f3,',x%:•e
between First and Fourth streets west and
9
Second and Sixth avenues west.
v
The neighborhood is residential and
includes a mix of dwelling types from single
family homes to 30 + unit complexes. The
photographs below represent existing
development which is consistent with the
RA-2 zone and the district intent.
E
Figure 1. RA-2 zoning distract
1
Figure 2. Photos of property within the existing RA-2 zoning district.
SINGLE-FAMILY RESIDENTIAL
SINGLE-FAMILY RESIDENTIAL
SIX UNIT APRATIVIENT BUILDING
DUPLEX
THREE UNIT RETIREMENT COMPLEX
30 PLUS UNIT COMPLEX
C. Proposed Amendment: This is a proposal to amend Section 27.10.040(3) of
the Kalispell Zoning Ordinance. The amendment would reduce the minimum
yard setbacks in the RA-2 zone. The table below identifies the current and
proposed setbacks for the zone.
Figure 3. Current and proposed setbacks for the RA-2 zone.
FRONT YARD
REAR YARD
SIDE YARD
SIDECORNER:
RA-2
20
20
10
20
RA-2 PROPOSED
15
10
5
15
2
D. Staff Discussion: The residential apartment zones (RA-1, RA-2 and RA-3)
are intended to provide for higher density development including multi -family
residential, office and business in the city's core where services and public
and community facilities are available. The character of the existing RA-2
zone is consistent with the zones intent containing a mix of uses and higher
density residential development as shown in the photographs above.
Permitted uses include single-family, duplex and townhouse (configuration of
2 or more attached units) dwellings. A Conditional Use Permit (CUP) is
required for multi -family dwellings.
The City Council likely zoned this area in Kalispell RA-2 (High Density
Residential Apartment) to encourage redevelopment at a higher density based
on existing development and the area's proximity to the city's core. However,
currently the setbacks for lots within the RA-2 district are more restrictive than
necessary and have prevented some redevelopment. Most of the lots within the
RA-2 zone are standard city lots - 50 feet by 142 feet -and setbacks of 10 feet
on either side really limit what may be constructed on a single lot. It is
reasonable to reduce setbacks to the R-4 (Two -Family Residential) zone
standard as the permitted uses are the same (single-family, duplex and
townhouse dwellings). The conditional use permit process would eliminate the
concern that larger scale buildings would shadow neighboring single-family or
two -unit dwellings by providing a mechanism for review and authority to
determine appropriate setbacks and screening for those larger scale
developments.
In addition, much of the single-family and duplex development in this
neighborhood have already established a character of closer setbacks. So,
many of the single-family, duplex and townhouse units would meet the
proposed side yard setbacks of five feet and the change would bring the
properties in closer compliance with the zoning regulations. The pictures
below were taken within the RA-2 zone and represent the existing development
patterns.
Figure 4. Existing dwellings in the RA-2 zone would meet new setbacks.
3
Parking in the front yard is always an issue when discussing a reduction in a
front yard setback. In this case, the front yard setback would be reduced from
20 feet (the depth of a typical parking space in front of a garage) to 15 feet.
However, garages are still required to be set back 25 feet of the yard setback.
Occasional reviews and updates to our ordinance are appropriate steps for the
City to take in order to more accurately reflect today's economy and
development patterns. This amendment would allow for redevelopment of this
high density residential zone in the city's core as encouraged by the zone and
the growth policy.
]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 growth policy?
The Kalispell Growth Policy calls for "8 to 20 dwellings per gross acre
occasionally reaching up to 40 dwellings per gross acre as may be appropriate
to the site" in high density residential areas of the city (Chapter 3) . The
property located in the RA-2 zone, a high density residential district, consists
primarily of standard city lots (50 feet by 142 feet) and development is mixed
density residential from single-family to 30+ unit buildings. Reduced
setbacks in this area would allow increased densities in this zone as well as
single-family and duplex homes as promoted by the growth policy.
2. Is the requested zone desigLied to lessen congestion in the streets?
The proposed amendment would have minimal impact on transportation as
only setbacks would be reduced. Parking requirements for specific uses
would still apply to any development or redevelopment.
3. Will the requested zone secure safety from fire...,panic and other dangers?
The amendment would not reduce any safety provisions for fire or other health
and safety issues. The city would still be in a position through building code
enforcement and the development standards within the zoning ordinance to
mitigate any negative impacts.
4. will the requested change promote the health and general welfare?
The general health and welfare of the public will be maintained if the proposed
amendment is approved by providing minimum setbacks between structures.
5. will the requested zone provide ^for adequate light and air?
It is likely that the increased setbacks in the RA zones were intended to protect
M
against impacts to the provision of light and air as larger apartment units may
create a shadow effect to single story homes. However, the primary permitted
uses include single --family, duplexes and townhouse development, much the
same as the urban residential areas (R-3, R--4 and R-5) within the city. Because
the district is in an area where lots are the standard size and permitted uses
are similar to the urban residential zones identified above, it is reasonable to
reduce the setbacks for a zone that has the purpose of higher density
development. Distance between buildings in this zone would be reduced if the
proposed amendment is approved. However, the setbacks for the permitted
uses (single-family, duplex or townhouse dwellings) would adequately provide
for light and air. Potential impacts to light and air would be addressed for
multi -family and larger scale development through the conditional use permit
process.
6. will the requested zone prevent the overcrowding of land or undue
concentration of people?
The proposed amendment would not substantially increase the intensity of
uses currently allowed within the zoning district.
7. will the requested zone facilitate the ade uate provision of trans ortationn.
water, sewerage., schools arks and otherublic requirements?
The amendment would not directly impact the availability of public services.
S. Does the requested zone give consideration to the articular suitability of the
property for particular uses?
The proposed text amendment would allow the district to redevelop as intended
by the zoning ordinance and the growth policy. Areas currently designated as
RA.-2 are suitable for reduced setbacks.
9. Does the requested zone gLve reasonable consideration to the character of the
ri k ctri rt?
The proposed amendment gives reasonable consideration to the character of
the RA-2 zone, which provides for high density residential and compatible
business uses. The neighborhood is characterized primarily by single-family
and duplex houses on standard city lots and multi -family buildings on two or
more lots. The reduced setbacks would allow single-family and duplex homes
to continue to be built in keeping with setbacks historically used in this
neighborhood (i.e. from 5-10 feet on sides and 10-20 feet in the front) instead
of the current minimum setbacks of the district. Larger residential
apartments would be reviewed through the CUP process where increased
setbacks may be warranted to maintain the character of the district.
10. will the proposed zone conserve the value of buildings?
The proposal will conserve the value of buildings. The reduced setbacks would
allow redevelopment of existing buildings as encouraged by the growth policy.
5
11. Will the re nested zone encoura e the most appropriate use of the land
throughout the jurisdiction?
-----------------
The proposed amendment is an attempt to better allow higher density
development in the RA-2 zone within the City of Kalispell as promoted by the
zone and the growth policy.
RECOMMENDATION
Staff recommends that the Kalispell City Planning Board adopt the findings in staff
report KZTA-08-03 and recommend to the Kalispell City Council that Section
27.10.040(3) of the Kalispell Zoning Ordinance be amended to reduce the minimum
yard setbacks in the RA-2 zone. The setbacks are 15 feet for the front yard, 5 feet for
the side yard, 10 feet for the rear yard and 15 feet for the side corner area of the yard.
NCJ
591
ji-iLanning Department
201 1gt Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalis. ell.com./p.lannin
PETITION FOR ZONING TEXT AMENDMENT
NAME of APPLICANT: The Villas, LLC - Matthew waat t i
MAILING ADDRESS: 27 Meridian Ct . , Suite 117
CITY/ STATE/ ZIP: Kalispell, MT 59901 PRONE: (406) 755-8485
WHAT IS THE PROPOSED ZONING TEXT AMENDMENT?
Amend section 27.10.040 (3) (Minimum Yards (FT)
For Single Family and Duplex Dwellings, the following Minimum Yards Apply:
Front Yard -- 15
Side Yard - 5
Rear Yard - 10
Side Corner -- 15
WHAT IS THE PURPOSE OR INTENT OF THE PROPOSED TEXT AMENDMENT?
To allow for reasonable development of a single family dwelling or
duplex dwelling on a standard city lot (50ftx142ft). The current minimum
yards are too restrictive for a lot this size and do not provide a
reasonable building envelope to develope this type of dwelling.
HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF:
A. Promoting the growth Policy The intent of the growth policy for this
area is Urban Mixed. Use, which includes office, residential, commercial,
& limited industrial. This amendment will promote development of
single family and duplex dwellings in this area.
1
B. Lessening congestion in the streets and providing safe access
This amendment does not increase the overall density allowed currently
for this zoning. Therefore, the congestion in the streets and safe
access will not be affected by this amendment.
G . Promoting safety from fire, panic and other dangers
This amendment does not affect the safety from fire, panic and other
dangers.
D. Promoting the public interest, health, comfort, convenience, safety and general
welfare This amendment will promote public interest, health, comfort
convenience, safety, and general welfare by promoting the development
of single family and duplex dwellings located within the boundaries
of city services including fire, police, water, and sewer.
B. Preventing the overcrowding of land This amendment does not increase the
overall density allowed currently for this zoning. Therefore, the
overcrowding of land will not be affected by this amendment.
F. Avoiding undue concentration of population The current zoning allows
single & multifamily dwellings, and this amendment will not cause undue
concentration of population or increase the overall density allowed.
G. Facilitating the adequate provision of transportation, water, sewage, schools,
parrs, and other public facilities New dwelling being developed that are affected
by this amendment would be required to meet the City of Kalispell's
requirements for provisions of transportation, water, sewage, schools
parks, and other public facitlities.
H. Giving reasonable consideration to the character of the district
The character of the district consists of a majority of both single
family and multi family residential. There also is a mixture of business
usage. This amendment would be in character with the existing uses
I. Giving consideration to the peculiar suitability of the property for particular uses
The intent of the current zoning is for the property to provide
areas for multi -family use. This amendment would promote
additional development of multi --family dwellings.
2
J. Protecting and conserving the value of buildings This amendment would
promote the development of current undeveloped infill lots. This likely
would lead to an overall increase in the value of surrounding buildings.
K. Encouraging the most appropriate use of land by assuring orderly growth
This amendment would allow for the appropriate development of land in
accordance to the zoning intent. A reasonable building envelope is not
provided for some of this land without adoption of the proposed amendment.
(Applicant Signature)
3
(Date)
No. 13460
NOTICE OF PUBLli'
HEARING
KALISPELL CITY
PLANNING BOARD
AND ZONING COM-
MISSION
September 9, 2008
The regular meeting of
the Kalispell City Plan-
ning- Board and Zoning
Commission is sched-
uled for Tuesday, Sep-
tember 9, 2008, begin-
ning at 7:00 P.M. in the
Kalispell City Council
Chambers, Kalispell
City Hall, 201 First- Ave-
nue East, Kalispell. The
planning board will, hold
a public hearing and
take public comments
on the following agenda
items. The Board will
make recommendations
to. the Kalispell City
Council who will take fi-
nal action.
1. A request
by Mark Waatti to
amend Section
27.1 ❑.040(3) of the Ka-
lispell Zoning
Ordinance.
The amendment would
reduce the minimum
yard setbacks in the
RA-2 (High Den-
sity Residential Apart-
ment) zone. The current
setbacks are: 20 feet for
the front yard, 10 feet
for the side yard, 20 feet
.for the rear. -yard and 20
feet for the side corner
area. The pro-
posed setbacks are: 15
feet for the front yard, 5
feet for the side yard, 10
fleet for the rear
yard and 15 feet for the
side corner area of the
yard.
2. A request
by the Siderius Family
Limited Partnership to
amend the Kalispell
Growth Policy Future
Land. Use map for a
207-acre site currently
designated for commer-
cial, industrial, and
suburban residential
land uses. The owners
are requesting to amend
the growth poli-
cy map s❑ as to elimi-
nate the industrial and
suburban residential
designations, expand
commercial .uses- along
the east half of the site
and incorporate higher
density residential uses
on the west half of the
-property.
The 207-acre
Project site is located on
the west side of High-
way 93* with Cemetery.
Road on the north end
of the site and Ashley
Meadows Road on the
south end.' The 207-
acre project s ite
can be legally described
as Tract 1 of Certificate
of Survey 17744, the
amended s u b -
division plat of lots 3
and 5 of Ashley Busi-
ness Park and amended
plat of the amended
plat of lot 4, Ashley
Business Park Subdivi-
sion, and Parcel A of
Certificate of Survey
8369. The proper-
ties are located in Sec-
tions 29 and 32, Town-
ship 28 North, Range 21
West. - -
The planning
board, .in conjunction
with the request by the
Siderius Family Limited
Partnership, will be re-
viewing the entire High-
way 93 South Growth
Policy Amendment
chapter of. the Kalispell
Growth Policy. The cur-
rent growth policy map
designates the ma-
jority of the highway cor-
ridor south of Cemetery
Road and Lower Valley
Road as industrial land
uses. The Highway 93
South area is loosely
defined -as the lands
southof Cemetery
Road, east of Airport
Road, west of Derners-
ville Road and north of
Rocky Cliff
Drive with U.S. 93 bi-
secting the area north to
south.
3. A request
by the City of Kalispell
for initial zoning upon
annexation for six an-
nexations of
property wholly sur-
rounded by the City.
The specific areas and
proposed annexations
for each are as
follows (the numbering
relates to designations
previously made by the
City):
Area 2: Approximately
.15 acres located at the
corner of Highway 93
and Four Mile Drive,
more particularly descri-
bed as a tract of land lo-
cated in 'Section 1,
Township 28 North,
Range 22 idlest, Princk
pal Meridian -Montana,
Flathead County, Mon-
tana and more particu- -
larly described as Tract
2XBA in Goy arnment
Lot 1 with Assessor
Number E004095 re-
cords o€ ' Flathead Coun-
ty, Montana. The pro-
posed zoning designa-
tion is P-1 (Public).
Area 3: Approximately
.3 acres located at the
west end of Indian Trail,
more particularly descri-
bed as a tract of land lo-
cated in Section 6,
Township 28 North,
Range 21 West, Princi-
pal Meridian, Montana.
Flathead County, Mon-
tana Lot 3 & 4 and more
Particularly described as
Tract 3CA with Asses-
sor Number E003000.
records of Flathead
County, Montana, Also,
A tract of land located in
Section 1, Township 28
North, Range 22 Vilest,.
• Principal Meridian, Mon-
tana, Flathead County,
Montana Lot 1 and
more particularly descri-
bed as Tract 2DCA with
-Assessor Number
E003000 records of
Flathead County, Mon -
STATE OF MONTANA tang. The proposed
zoning designation is 8-
3 (Urban Single Family
Residential), which
FLATHEAD COUNTY snatches the surround-
ing properties.
AFFIDAVIT OF PUBLICATION Area 4: Approximately
.02 acres located in the
northwest corner of Lot
1, Block 14, Northridge
RICBELLE ROONEY BEING DULY
Heights 5 (Hilltop Ave-
SWORN, DEPOSES AND SAYS: THAT SHE IS THE
nue), more. particularly
described as a tract of
LEGAL CLEF OF THE DAILY ENTER LAKE .A:
l nd located in Section
Township 28 North,
DAILY NEWSPAPER OF GENERAL CIRCI.TLATION
Range 22 west, Princi-
pal Meridian, Montana,
PRINTED AND PUBLISHED IN THE CITY OF
Flathead County, Mon-
KALISPELL, IN THE COUNTY OF FLATHEAD,
tana and more particu-
larly described as that
STATE OF MONTANA AND THAT NO. 13460
Northwest Triangle
Northridge Heights Sec-
tion 5, of Amended Lot 1
k
in. Block 14 with Asses-
sor Number 0001072
records of Flathead
County, Montana. The
LE GAL AD VERTISMENT WAS PRINTED AND
n r t onaione s zoning
n i g tJ s i
PUBLISHED IN THE REGULAR AND ENTIRE ISSUF
Single Family Residen-
tial), which . matches the
OF SAID PAPER, AND IN EACH .ANTI] EVERY COPY
remainder of the lot.
rl,HEREOF ON THE BATES Of August 24, 2008. area 6: Approximately.
..01 acres located south
of Northridge Drive,
more particularly descri-
AND THE RATE CHARGED FOR THE ABOVE bed as a, tract of land lo-
PR.INTING DOES NOT EXCEED THE MINIMUM ted in the SW114
E1I4 of Section 1,
GOING RATE CHARGED TO ANY OTHER Township 28 North,
Range 22 west, Princi-
ADVERTISER FOR THE SAME PUBLICATION, pal Meridian; Montana,
Flathead County, Mon
SET IN THE SAME SIZE TYPE AND PUBLISHED tana and more particu-
FOR THE SAME NUM13ER 'OF INSERTIONS. larly described as Tract
2Z with Assessor. Num-
ber 0974513 records of
Flathead County, Mon-
tana. The proposed
3zoning
designation is R-
( an Single Family
R'esidential), which
matChes the surrni ncj YI
%SOV` --3 ing Properties.
_rr..r.rr____--___r-r ni.r�_r rrrrr wrwr....raw+-rrw.rrwwr w.r.. ww.wwrrt
l.� Area 7: Approximately
.04 acres located near
Subscribed and sworn to the corner of Northridge
Before me this August 25 2008 - give and Hilltop Ave-
' , f nue, more particular)
,described as a tract of
., r band located in the
' . S:WI/4 NE114 of Section
Township 28 North,
Range 22 west, Princi-
Doroth G enCr pal Meridian, Montana,
y Flathead County, Mon-
tana and more particu-
. lariy-described as Tract
Notary Public for the State of Montana 2M with Assessor Num-
ber 0360736 records of
Residing in Kalispell Flathead county, Mon -
My commission empires111109 taia. The proposedzoning designation is. R-
3. (Urban Single Farrl'ily
Res:ldential}, which
matches the surround-
ing properties.