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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.