5. Ordinance 1509 - Zone Change Request - Jeff & Karen Thiesen - 1st ReadingREPORT TO:
FROM:
SUBJECT
Tri-City Planning Office
17 Second Street East— Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
tricity@centurytel.net
www.tricityplanning-mt.com
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Jeff Ss Karen Thiesen - Zone Change Request from R-3 to R-4
MEETING DATE: August 2, 2004
BACKGROUND: This is a request for a change in zoning from R-3, Urban Single
Family Residential, to R-4, Two Family Residential, on approximately 5.53 acres. A
request for preliminary plat approval of Sinopah Subdivision has been filed
concurrently with the zone change request which will plat 26 lots. There are 18 single
family lots and 8 two unit townhouse lots in the subdivision. The request for a
change in zoning will allow the creation of the two unit townhouses. This property is
located between North Meridian Road and Northwest Lane, north of Three Mile Drive.
The property can be addressed as 125 Northwest Lane. Currently there are three
houses and two mobile homes that will be removed from the property when the
subdivision is developed.
The Kalispell City Planning Board met on July 13, 2004 and held a public hearing to
consider this proposal. At the public hearing, the applicant and consultant explained
the project and their goals in developing the site. There was no one from the
neighborhood to speak either in favor or in opposition to the proposal.
The planning board discussed the request and issues related to the zoning and
development in the area. A motion was made and passed unanimously to recommend
that the zone change from R-3 to R-4 be granted.
RECOMMENDATION: A motion to approve the first reading of the ordinance
approving the zone change would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the City Council.
Providing Community Planning Assistance To:
City of Kalispell • City of Whitefish • City of Columbia Fails
Jeff & Karen Thiesen - Zone Change R-3 to R-4
July 23, 2004
Page 2
Respectfully submitted,
r
Narda A. Wilson
Senior Planner
Report compiled: July 23, 2004
c: Theresa White, Kalispell City Clerk
Chris A. Kukulski
City Manager
Attachments: Transmittal letter
Staff report #KZC-04-3 and application materials
Draft minutes from 7/ 13/04 planning board meeting
TRANSMIT\KALISPEL\2004\KZC04-3MEM
ORDINANCE NO.1509
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1460), BY ZONING CERTAIN
REAL PROPERTY DESCRIBED AS LOTS 13, 14, 15, 27, 28, AND 29, BLOCK 1
NORTHWEST TRACTS, A PLATTED SUBDIVISION IN SECTION 1, TOWNSHIP 28
NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY
ZONED CITY R-3, URBAN SINGLE FAMILY RESIDENTIAL) TO CITY R-4 (TWO
FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH
POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Jeff and Karen Thiesen, the owners of the property described above, petitioned the
City of Kalispell that the zoning classification attached to the above described tract of
land be zoned R-4, Two Family Residential, on approximately 5.53 acres of land, and
WHEREAS, the property is located between North Meridian Road and Northwest Lane, north of
Three Mile Drive, and is immediately south of Kalispell Junior High School, and
WHEREAS, the petition of Jeff and Karen Thiesen was the subject of a report compiled by the
Tri-City Planning Office, #KZC-04-3, dated July 7, 2004, in which the Tri-City
Planning Office evaluated the petition and recommended that the property as
described above be zoned R-4, Two Family Residential, as requested by the petition,
and
WHEREAS, the Kalispell City Planning Board and Zoning Commission adopted the TCPO report
and recommended the property as described be zoned R-4, Two Family Residential,
and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-4, Two Family Residential, the City Council finds such zoning to be
consistent with the Kalispell Growth Policy 2020 and adopts, based upon the
criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of Countv
Commissioners, Etc. 590 P2d 602, the findings of fact of TCPO as set forth in Report
No. KZC-04-3.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1460) is hereby amended by designating the property
described above as R-4, Two Family Residential, on approximately 5.53 acres of
land.
SECTION 1I. The balance of Section 27.02.010, Official Zoning Map, City of
Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect.
SECTION III. This Ordinance shall be effective thirty (30) days from and after the
date of its final passage and approval by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 16TH DAY OF AUGUST, 2004.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricitv(a),centurvtel.net
www.tricityplanning-mt.com
July 23, 2004
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Jeff & Karen Thiesen - Zone Change Request from R-3 to R-4
Dear Chris:
The Kalispell City Planning Board met on July 13, 2004 and held a public hearing to
consider a request by Jeff & Karen Thiesen for a change in zoning from R-3 to R-4. This
property is located between North Meridian and Northwest Lane, north of Three Mile
Drive. The R-4, a Two Family Residential zoning district would allow for the creation of
several two -unit townhouse lots in a subdivision that has been filed concurrently with
this zone change request. The area proposed for rezoning contains approximately 5.53
acres.
Narda Wilson, with the Tri-City Planning Office presented staff report KZC-04-3 and
evaluated the proposal. The staff recommended approval of the zone change request.
During the public hearing the applicant and consultant explained the need for the zone
change and their plans for the subdivision and development of the property. No one else
spoke either in favor or in opposition to the request.
After the public hearing, the board discussed the proposal and the development potential
in the area. A motion was passed on a unanimous vote to forward a recommendation to
the city council that the change in zoning from R-3 to R-4 be granted.
Please schedule this matter for the August 2, 2004 regular city council meeting. You
may contact this board or Narda Wilson at the Tri-City Planning Office if you have any
questions regarding this matter.
Sincerely,
Kalispell City Planning Board
G ge T ylor
President
GT/ma
Providing Community Planning Assistance To:
City of Kalispell • City of Columbia Falls • City of Whitefish
Zone Change - Jeff & Karen Thiesen
July 23, 2004
Page 2
Attachments: Staff report KZC-04-3 and application materials
Draft minutes 7/ 13/04 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Jeff & Karen Thiesen, 789 Fifth Avenue, WN, Kalispell, MT 59901
Marquardt Surveying, 285 First Avenue, EN, Kalispell, MT 59901
Cache Creek Consulting, 10 Oregon Avenue, Whitefish, MT 59937
TRANSMIT\KALISPEL\2004KZC-04-3 Thiesen
JEFF AND I AREN THIESEN
ZONE CHANGE REQUEST FROM R-3 TO R-4
TRI-CITY PLANNING OFFICE
STAFF REPORT #KZC-04-3
JULY 7, 2004
A report to the Kalispell City Planning Board the Kalispell City Council regarding a
zone change request from RA-1 to B-3. A public hearing has been scheduled before
the Kalispell City Planning Board for July 13, 2004, at 7:00 PM in Kalispell City
Council Chambers. A recommendation from the planning board will be forwarded to
the Kalispell City Council for final action.
BACKGROUND TNFORMATTON• The applicants are proposing to amend the Kalispell
Zoning Map by rezoning approximately 5.53 acres from an R-3, Urban Single Family
Residential, zoning district to R-4, Two Family Residential zoning district. The
purpose of the change in zoning is to accommodate the townhouse lots that have been
proposed in the subdivision filed concurrently with this zone change application, the
subdivision being known as Sinopah Subdivision.
A. Petitioner and Owners:
Technical Assistance:
Jeff and Karen Thiesen
789 Fifth Avenue WN
Kalispell, MT 59901
(406) 257-2471
Marquardt Surveying
285 First Ave EN
Kalispell, MT 59901
(406) 755-6285
Cache Creek Consulting
Brian Wood
10 Oregon Ave
Whitefish, MT 59937
(406) 862-1107
E. Location and Legal Description of Property- This property is between North
Meridian Road and Northwest Lane, north of Three Mile Drive. The property
can be addressed as 125 Northwest Lane and described as Lots 13, 14, 15, 27,
28, 29, Block 1 Northwest Tracts located in Section 1, Township 28 North,
Range 22 West, P.M.M., Flathead County.
C. Existing Zoning: Currently this property is zoned R-3, Urban Single Family
Residential, a zoning district which consists almost exclusively of single-family
homes as permitted uses and other support type uses such as schools, and
churches as conditionally permitted uses. The minimum lot size requirement
for this zoning district is 7,000 square feet and a 60 foot lot width.
D. Nature of Request and Proposed Zoning: The property owner is requesting
that this property be rezoned from R-3, urban Single Family Residential, to R-
4, Two Family Residential, to allow for the creation of several two unit
townhouse lots in a subdivision that has been filed concurrently with this zone
change request. The minimum lot size requirement for this zoning district is
6,000 square feet and a minimum lot width of 50 feet. The two unit
townhouses would be a permitted use in this R-4 zoning district, but would not
be allowed in the current R-3 zoning districts which is generally a single family
residential zoning district. The subdivision that has been fled concurrently
with the zone change request contains approximately 5.53 acres and the
subdivision has 26 lots. Of those 26 lots eight of them are sublots in a two unit
townhouse configuration.
E. Size: The area proposed for rezoning contains approximately 5.53 acres
F. Existing Land Use: Currently this property contains three single wide mobile
homes and two small single family dwellings.
G. Adjacent Land Uses and Zoning: This property is in an area which has a mix
of uses transitioning from commercial use to the east along Meridian Road and
single family residential uses to the south. The junior high school lies to the
north and their football field lies to the west.
North: Kalispell Junior High School, R-3 zoning
East: Undeveloped land and auto repair, B-2 zoning
South: Single family homes, R-3 zoning
West: Kalispell Junior High School ballfield, R-3 zoning
H. General Land Use Character: The general land use character of this area is a
mix of uses that transition from commercial to the east to residential to the
west along with the junior high school that lies to the north and west.
1. Utilities and Public Services:
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell
Electricity:
Flathead Electric Cooperative
Natural Gas:
Northwest Energy
Telephone:
CenturyTel
Schools:
School District #5
Fire:
Kalispell Fire Department
Police:
City of Kalispell
J. Relation to Zoning Requirements: The area proposed for rezoning contains
approximately 5.53 acres and is intended to be subdivided into 26 lots that will
comply with or exceed the minimum requirements of the proposed R-4 zoning
designation. The primary purpose of the zone change is to accommodate the
creation of eight two unit townhouse lots proposed for the 26 lot subdivision.
The eight lots in the subdivision proposed for the townhouses as well as the
remaining 18 single family residential lots comply with or exceed the
requirements of the R-4 zoning district.
2
A notice of public hearing was mailed to property owners within 150 feet of the
subject property approximately 15 days prior to the hearing. At the writing of the
staff report no comments have been received.
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.
This property is included in the Kalispell Growth Policy area and is designated
as High Density Residential on the growth policy map. The change in zoning
from R-3 to R-4 would be consistent with the type of development that would
be intended and anticipated in this area by allowing a higher density than
which currently exists. The property owner will need to extend public sewer to
the site in order to obtain the density intended under the subdivision. The
proposed rezoning complies with the Kalispell Growth Policy relating to type
and intensity of uses anticipated for this area.
These properties consist of six separate lots that are occupied by five dwellings
three of which have direct access to North Meridian Road. The zone change
will allow the development of a residential subdivision that will have sole
access onto Northwest Lane thereby abandoning the accesses onto North
Meridian Road which will be converted to a buffer area for the subdivision. The
proposed rezoning and subdivision of the property will result in the lessening of
congestion in the streets.
• •. • • •u 1197-MORISOMMISO braywol
The proposed development will be constructed to City standards with regard to
the roads, water, sewer and will comply with the Uniform Fire Code and
Kalispell Fire Marshal's requirements for access and fire flows. All of the new
homes constructed in the subdivision will comply with the applicable buildings
codes for those homes. No significant impacts could be anticipated with regard
to safety hazards, fire or other emergency situations.
By concentrating development in an area which has public services, access
onto a new City street and located in an area which is close to urban services,
makes this rezoning a reasonable and appropriate use of the property. The
general welfare of the community would be advanced by rezoning this property.
3
Adequate light and air would be provided both by the design standards and the
setback requirements for new development.
The minimum lot size for the proposed R-4 zoning on this property is 6,000
square feet. The potential development associated with this property would be
limited by the development standards associated with the R-4 zoning district
that relate to lot coverage, the types of uses permitted under the zoning and the
environmental constraints which may be associated with storm drainage.
However, the proposed subdivision does not propose the maximum density
allowed under the R-4 zoning but rather eight of the 26 lots being proposed are
intended to have townhouse configuration and thus would avoid the
overcrowding of land.
Existing transportation, police and fire protection currently service this
property and are adequate to accommodate any residential expansion that may
occur. A new water line was looped in this area as part of a City project within
the last 18 months. Sewer will be extended from the west across the junior
high school property via an easement that has been negotiated with the school
district. In the past, development potential of the property has been limited
because of the lack of availability of water and sewer services to the site. With
the recent changes, adequate services and facilities can be provided to the site
that will facilitate the proposed development.
The growth policy designates this property as high density residential on the
plan map and public services and utilities can be made available to the site.
There is good development potential in this property which has been under
utilized in an urban area because of the lack of basic public utilities, i.e. water
and sewer. The proximity to schools, roads, shopping and other amenities
make this property well suited for the development that has been proposed.
9. Does the rg}nested zone give, reasonable consideration to the character of the
district?
The character of the area is commercial to the east and residential to the south
and further to the west. The current residential pattern is scattered older
mobile homes and single family homes, primarily because of the lack of
available water and sewer to the area to provide the potential for higher density
residential development. The proposed development will actually improve the
character of the area by eliminating some blighted building and providing an
4
opportunity for high quality housing.
The redevelopment of this site will actually increase the quality of the
neighborhood, bring in the potential for further redevelopment in the area and
improve the value of buildings in the area.
This rezoning request is in compliance with the Kalispell Growth Policy with
regard to the location and development of residential areas. The proximity to
services and utilities, as well as school and roadways make the development of
this site timely and appropriate for the area. Furthermore, the development of
this area as proposed will increase the value of properties and quality of the
neighborhood. This rezoning would encourage the most appropriate use of this
property and the use of land in the planning jurisdiction.
Staff recommends that the Kalispell City Planning Board and Zoning Commission
adopt staff report i#KZC-04-3 as findings of fact and recommend to the Kalispell City
Council that the requested zone change from R-3 to R-4 be granted.
NW
5
Tri-City Planning Office
17 Second St East, Suite 211
Kalispell, MT 59901 RECEIVE
Phone: (406) 751-1850 Fax: (406) 751-1858
Ell
PETITION FOR ZONING MAP AMENDMENT I-�,)T( P MIIG OFFICE
CITY OF KALISPELL
NAME OF APPLICANT: —�CT7 �evti Tl2Ses,
MAILADDRESS: i Iitemdie W; ,
CITY/STATE/ZIP:SROiO19 PHONE:�� j
INTEREST IN PROPERTY:
Luoder £ p t nCi t-tll LI 6 .
PLEASE COMPLETE THE FOLLOWING:
A. Address of the property:
B. Legal Description: (Subdivision Name, Lot & Block and/or Tract Number
(Section, Township, Range) Lois 1 f , 1 J r i 1,39 1GC
l�nv-Wtw esfi j ra��s t - �r3 �
(Attach sheet for metes and bounds)
C. Land in project (ac) t 5,`A 1 LkC-.
D. The present zoning of the above property is: i t' �:)
E. The proposed zoning of the above property is: tn^' i4
F. State the changed or changing conditions that make the proposed
amendment necessary:
HOW WILL THE PROPOSED CHANGE. ACCOMPLISH THE INTENT AND PURPOSE OF:
A. Promoting the Growth Poliev
1
HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF:
A. Promoting the Growth Policy: The subject property is designated for "HIGH
DENSITY RESIDENTIAL" uses by the City of Kalispell Master Plan (Growth
Policy). The proposed zone change to R-4, Two -Family Residential, is anticipated by
the growth policy and represents another step in implementing the goals of the mixed -
use neighborhood plan prepared for this area. The neighborhood plan identified
infrastructure issues and the general incompatibility of land -use and zoning
throughout the planning area. By changing the zoning of the subject property to
further the plan's goal of increased residential density in the area, another concern of
the neighborhood plan is addressed as well. Development of the subject property,
subsequent to the proposed zone change, will result in a sanitary sewer main being
extended to an area of Kalispell that at this time is not served by municipal sewer.
B. Lessening congestion in the streets and providing safe access: The subject
property, comprised of six separate lots, is currently zoned R-3 and is occupied by
five single-family dweIIings. Three of the existing residences have direct access to
North Meridian Road. The proposed zone change will facilitate development of a
residential subdivision comprised of one- and two-family homes, with all vehicular
access to the subdivision gained from Northwest Lane. There will be no vehicular
access to North Meridian Road from the development. The result of the zone change
and subsequent development will be three less driveways onto North Meridian Road
— a measure that will have a positive impact on that busy arterial.
C. Promoting safety from fire, panic and other dangers: Development that will occur
subsequent to the zone change will be built to city standards. Fire hydrants will be
installed per the fire marshall's direction and the cul-de-sac serving the sight will not
exceed 600 feet. The site is relatively flat, is not in or near a designated 400dplain,
and there are no known geologic hazards associated with the property.
D. Promoting the public interest, health, comfort, convenience, safety and general
welfare: Again, development of the property will be done in accord with the City of
Kalispell's zoning and subdivision regulations and will also be regulated by the
Uniform Fire and Building Codes. The site is, or will be, served by all public utilities
and the municipal police and fire departments. ingress and egress will be from
Northwest Lane.
E. Preventing the overcrowding of land: The proposed zoning designation of R-4,
Two -Family Residential, includes development standards that dictate land use, lot
size, density, building size and placement, open space requirements and off-street
parking. By adhering to these standards, overcrowding of the land is prevented.
Applying a new zoning designation on a piece of property will not, in itself, result in
the overcrowding of that property or adjacent street systems. It is the resultant
development, allowed by the change of zoning, that could potentially pose such a
threat. In this instance there are additional safeguards beyond the development
standards of the proposed zoning district that will prevent overcrowding of the site
and its environs. Concurrent with this request is an application for preliminary plat
approval for a residential subdivision. Within this proposed subdivision those lots
intended for duplex development are sized larger than those intended for single-
family, detached homes. Additionally, a significant expanse of open space will be
provided on the site, further insuring that development of the site is beyond its
carrying capacity.
F. Avoiding undue concentration of population: The same zoning regulations,.
subdivision standards and municipal growth policies that prevent overcrowding of the
land ser,°e to 41sc prevent an undue concentration ofpopula tion on the site.
G. Facilitating the adequate provision of transportation, water, sewage, schools,
parks and other public facilities:
The above -referenced development plan for this site requires that sanitary sewer be
extended to the site, that a new street (including curb, gutter and sidewalk and built to
City of Kalispell standards), be constructed, and that all public utilities be in place.
Public elementary, junior high and high schools are all within a reasonable distance of
the subject property. There is an abundance of open space/parkland in the immediate
vicinity (Kalispell Junior High, Hawthorn Park and Northridge Park), and the
transportation system in the area is capable of handling the traffic expected to be
generated by development of the property.
H. Giving reasonable consideration to the character of the district: The North
Meridian Road neighborhood, the subject of a neighborhood planning effort in 1994,
is an area that possesses a" haphazard organization to its zoning and land use
pattern." The recently adopted growth policy (which subsumed the neighborhood
plan) recognizes the area as being appropriate for a mix of uses, including high -
density, residential development. The proposed zone change, and subsequent
development of the site, serves to not only implement the growth policy, but may also
be the catalyst, and establish the character for, further redevelopment in the area. At
this time, underdeveloped properties on Northwest Lane do not have direct (or
affordable) access to the public sanitary sewer utility. That will change as
development of this property occurs.
I. Giving consideration to the peculiar suitability of the property for particular
uses: The subject property is ideally suited for urban -density residential
development. The physical attributes of the site lend themselves well to the proposed
zoning. It is a generally flat site that gently rises to the east. All public utilities are
available (with the exception of sanitary sewer, which will be extended to the site at
the expense of the applicant), and an adequate street system is in place to serve the
site. The subject property, as well as many others in the immediate vicinity, is
underdeveloped at this time.
J. Protecting and conserving the value of buildings: The six lots that comprise the
extent of the zone change request contain a total of three aging stick -built houses and
two mobile homes. Each of these dwellings will be relocated. While the zone change
itself will not directly impact those structures, it will allow redevelopment of the
property, which will enhance the neighborhood and protect the value of construction
throughout the area.
K. Encouraging the plost appropriate use of the land by assuring orderly growth:
By implementing, through the proposed zone change, the growth policy, which for
this area is based in large part on the North Meridian Neighborhood Plan, orderly
growth and an appropriate use of the land will be encouraged. The development that
occurs as a result pf this amendment will make additional redevelopment in the area
possible as well — of
implementing the city's growth policy.
The signing of this application signifies approval for Tri-City Planning staff to be present
on the property for routine monitoring and inspection during the approval process.
f �
jicnt Signature) (Date)
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EFF & KAREN THIESEN REQ E ST FOR ZONE CI-TANGE FROM R-3 URBAN CiNGLE
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