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06. Ordinance 1512 - Text Amendment - Lot Coverage Calculations - 1st ReadingTri-City Planning Office 17 Second Street Fast — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1050 Fax: (406) 751-1558 tricity a@centurytel.net www.tricitypianning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Frank Garner, Acting City Manager SUBJECT Kalispell Zoning Ordinance Text Amendment - Lot Coverage Calculations MEETING DATE: September 7, 2004 BACKGROUND: This is a request by the City of Kalispell to consider changes to the Kalispell Zoning Ordinance text to amend how lot coverage is calculated in the various zoning districts. The Kalispell Planning Board held a public hearing on August 10, 2004. PJ Sorensen., Kalispell Zoning Administrator, explained the problems with lot coverage calculations mostly related to townhouses. At the public hearing no one spoke either in favor or in opposition to the proposed amendments The board discussed the proposed changed and a motion was made and passed on a unanimous vote to recommend to the Kalispell City Council that the Kalispell Zoning Ordinance be amended to amend how lot coverage is calculated in the various zoning districts. The proposed amendments are attached as Exhibit A. RECOMMENDATION: A motion to adopt the first reading of the ordinance for amending the Kalispell Zoning Ordinance would be in order. FISCAL EFFECTS; ALTERNATIVES: Respectfully submitted, a Narda A. W' son., Senior Planner Minor positive impacts once fully developed. As suggested by the city council. rank Garner Acting City Manager Report compiled: August 27, 2004 Providing Community Planning ?assistance To: • City of Kalispell • City of )N hitefish • City of Columbia Falls Kalispell Zoning Ordinance Text Amendment — Lot Coverage August 27, 2004 Page 2 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter Staff report KZTA-04-6 and application materials Draft minutes from. 8/ 10/04 planning board meeting TRANSMIT/ KALISPELL/ 2004 /KZTA-0406MEMO. DOC ORDINANCE NO. I512 AN ORDINANCE AMENDING VARIOUS RESIDENTIAL SECTIONS OF THE KALISPELL ZONING ORDINANCE. (ORDINANCE NO. 1460)_ BY AMF.NDINC- 14OW LOT COVERAGE IS CALCULATED, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Kalispell Zoning Administrator has submitted a written request to amend various sections of the Kalispell Zoning Ordinance, by amending how lot coverage is calculated, and WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning Commission by the Tri-City Planning Office 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 amending the lot coverage calculations 27.37.010(125), and WHEREAS, the City Council has reviewed the TCPO Report and the transmittal from the Kalispell City Planning Board and Zoning Commission and hereby adopts the findings made in Report ##KZTA-04-6 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: SEC T ION L The City of Kalispell Zoning Ordinance, Ordinance No. 1460, is hereby amended as follows on Exhibit "A", attached hereto and thereby made a part hereof. SECTION 11. 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 SEPTEMBER, 2004. Pamela B. Kennedy Mayor ATTEST - Theresa White City Clerk EXHIBIT A KALISPELL ZONING ORDINANCE TEXT AMENDMENT Section 27.37.010 (125) Lot Coverage. The total area of a lot covered by the principal and accessory buildings anchor structures including any area occupied by ems, overhangs or roofs and any attachment to a building or structure, but excluding (a) open decks less than 30 inches in height (measured from grade to top of the platform); and b an eave extending uR to two feet from the exterior wall of the building or structure. Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity( )centorytol.net August 27, 2004 Frank Garner, Acting City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Kalispell Zoning Ordinance Text Amendment - Lot Coverage Calculations Dear Frank: The Kalispell City Planning Board met on August 10, 2004 and held a public hearing to consider a request by the City of Kalispell to consider changes to the Kalispell Zoning Ordinance text to amend how lot coverage is calculated in the various zoning districts. Narda Wilson of the Tri-City Planning Office, presented staff report #KZTA-04-6 evaluating the proposal and recommended approval of the proposed amendments. PJ Sorensen, Kalispell Zoning Administrator, explained the problems with lot coverage calculations mostly related to townhouses. At the public hearing no one spoke either in favor or in opposition to the proposed amendments. The board discussed the proposed changed and a motion was made and passed on a unanimous vote to recommend to the Kalispell City Council that the Kalispell Zoning Ordinance be amended to amend how lot coverage is calculated in the various zoning districts. The proposed amendments are attached as Exhibit A. Please schedule this matter for the September 7, 2004 regular Kalispell 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- Q rge Taylor resident GT/NW/ma Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls a City of Whitefish Kalispell Zoning Ordinance Text Amendment — Lot Coverage August 27, 2004 Page 2 Attachments: Exhibit A Staff report ##KZTA-04-6 and application materials Minutes 8/ 10/04 planning board meeting c vv/ Att: Theresa White, Kalispell City Clerk c w/o Att: P.J. Sorensen, Zoning Administrator, City of Kalispell, P.O. Box 1997, Kalispell, MT 59903-1997 Kalispell Zoning Ordinance Text Amendment — Lot Coverage August 27, 2004 Page 3 EXHIBIT A KALISPELL ZONING ORDINANCE TEXT AMENMENT - LOT COVERAGE AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD AUGUST 10, 2004 The Kalispell City Planning Board is recommending to the Kalispell City Council that they approve the following amendments to the Kalispell Zoning Ordinance: Section 27.37.010 (125) Lot Coverage. The total area of a lot covered by the principal and accessory buildings and/or structures including any area occupied by eaves, overhangs or roofs and any attachment to a building or structure, but excluding (a) open decks less than 30 inches in height (measured from grade to top of the platform; and (b) an eave extending up to two feet from the exterior wall of the building or structure. CITY OF KALISEPLL ZONING TEXT AMENDMENTS TO LOT COVERAGE TRI-CITY PLANNING OFFICE STAFF REPORT #KZTA-04-6 AUGUST 2, 2004 A report to the Kalispell City Planning Board and. the Kalispell City Council regarding a request for amendments to the Kalispell Zoning Ordinance. A public hearing has been scheduled before the Kalispell City Planning Board for August 10, 2004 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. As a result of problems that have arisen that relate to lot coverage, particularly in the creation and development of two unit townhouses, the City of Kalispell is requesting amendments to the Kalispell Zoning Ordinance to amend lot coverage limits and to amend how lot coverage is calculated. A. Petitioner: P.J. Sorensen, Zoning Administrator City of Kalispell P.O. Box 1997 Kalispell, MT 59903-1997 (406) 758-7732 B. Area Effected by the Proposed Changes: Any of the various zoning districts which are proposed for amendment could be affected by the proposed changes. These would generally include the two unit townhouses and other townhouse developments in the two family residential zoning districts inside the city limits of Kalispell. C. Proposed Amendments: This is a proposal to amend Section 27.31.101(125), Lot Coverage definition to exclude the cave overhang portion of the structure. Recently there have been significant problems with lot coverage limits being exceeded in the development of the popular two unit townhouses in some of the new subdivisions. The setbacks have been easily met and the building footprint and size of the building are not overly ambitious for the size of the lot. It would appear that the problems with the lot coverage limits particularly if not primarily in the two unit townhouses lie with the regulations and not with the buildings themselves. In some instances, to address this issue the eaves have been reduced to six inches or eliminating which doesn't change the square footage of the building but reduces the architectural appeal of the structure and the neighborhood as a whole. The proposed amendment to the definition of lot coverage is outlined in attached Exhibit A, but essentially excludes the eaves. I D. Staff Discussion. The intent of these amendments is to provide greater flexibility in building design by allowing an increase in lot coverage. The increase in lot coverage generally accommodates a moderate increase in the allowable square footage. 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. I �• • -•.' • ••' s•a• • a- •. • nsaim The Kalispell Growth Policy 2020 does not specifically address lot coverage issues. However, increasing the lot coverage would allow some areas to be more fully developed and at a greater density. The plan encourages compact efficient use of land. This amendment is in substantial compliance with the goals and policies of the plan to provide for compact and efficient development in some of the residential areas of the planning jurisdiction. -• as' •s-• • • •••' • a •- The proposed amendments would not generally impact the types of uses allowed in a district, but would allow for an increase in the intensity of uses. The changes would not have a substantial impact to increase or lessen congestion. Traffic associated with the various uses would not generally be nfferteri . This amendment may not compromise the security and safety of the community since any building would have to be constructed in accordance with the applicable building and fire codes. The proposed change in the zoning would have no direct relationship to the promotion of the general health and welfare of the public. Health and safety codes would be primary means of securing the health and welfare of the community. •- -.. s• s sWrIMPROTO MIMMMUMEM Adequate light and air may be affected by this change because the potential increase in the size of buildings which could block light and air to the surrounding properties. Properties adjacent to larger buildings could potentially be most affected. The increase in lot coverage could potentially block light and air, thereby negatively impacting adjoining properties. 2 An increase in lot coverage limits would provide additional flexibility and potential additional density in the affected zones. However, this may not translate into an overcrowding of land, which would only occur if there were other issues such as inadequate setbacks from the building or not enough ors -site parking. . - - ..s M. I a MUM go . al # .. # OR -1 . Full public services and facilities would generally be anticipated to be available to all areas affected by these changes. The proposed amendments would not generally impact the facilitation of public services. The increase in the lot coverage standards could potentially affect all areas of the City where the residential properties affected by these amendments are located. The uses would not be changed. It is predictable that many of these areas are already fully developed and most would not be affected by the proposed changes. Most of the fully developed properties on the east and west sides of Kalispell would construct additions or make alterations to an existing structure. The actual impacts would likely be minimal and would not change the character of the areas which are well established and would be somewhat limited in most situations. in- Will the nronn-,wi znnf- rnnSor170 the va111P of i�7�ilrlinxr�? The proposed text amendment will conserve the value of buildings by allowing for flexibility in the architecture and construction of the new Buildings and would not change the character of established neighborhoods. These expansion of lot coverage limits are not necessarily anticipated to be more intensive in nature. Allowing an increase in the lot coverage limits allows for a more compact and efficient use of land and encourages greater density in the community. 3 Staff recommends that the Kalispell City Planning Board adopt staff report #KZTA-- 04-6 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the proposed amendments to be adopted as outlined in Exhibit A. 4 EXHIBIT A RECOMMENDED AMENDMENTS TO THE KALISPELL ZONING ORDINANCE LOT COVERAGE Section. 27.37.010 (125) Lot Coverage. The total area of a lot covered by the principal and accessory buildings and/or structures including any area occupied by mess overhangs or roofs and any attachment to a building or structure, but excluding (a) open decks Less than. 30 inches in height (measured from grade to top of the platform; and (b) an eave extending up to two feet from the exterior wall of the building or structure. 5 City of Kalispell Zoning Administrator 248 P Avenue East —.Kalispell. NIT 59901 — Telephone (406) 758-7 732— Fax (doh) 758-7739 MEMORANDUM TO: NARDA WILSON, CITY PLANNER FROM: PJ SORENSEN, ZONING ADMINISTRATOR DATE: JUKE 30, 2004 RE: LOT COVERAGE At a recent Site Review meeting, we discussed some of the lot coverage problems that have been coming up in Empire Estates and Sunnyside Subdivision.. Some of the townhouse lots are a bit smaller than most that we have done over the last few years. Several applications have been over the maximum allowable coverage by a significant margin, even though the size of the structure itself is not excessive. For example, most of the townhouse lots in Empire Estates are 40 ft by 90 ft. for a sublot size of 3600 square feet. The lot coverage maximum is 45%, or 1620 square feet. Once reduced for eaves and even a modest garage, the maximum floor area is limited to a bit over 1000 square feet. In order to meet the lot coverage requirement, people are doing one or more of the following, none of which is particularly desirable: (a) reducing eave size in a manner that impacts the aesthetic appeal; (b) reducing garage sizes and moving the parking onto the driveways/streets; and (c) creating two story homes, which tends to work against the trend of older individuals occupying townhomes and looking for single -level construction for mobility purposes. Although lot coverage is rarely an issue with single-family homes (since only one dwelling unit is built on a lot roughly equal to the size of the parent lot/two sublots in a townhouse configuration), reduciniz eave size is the tvpical manner that the plans are brought into compliance. y y I anticipate that we will continue to have problems, especially in Empire Estates and any future developments with sublots of that size. We should consider a text amendment addressing lot coverage. One possibility is to exempt up to a two foot eave :from lot coverage calculations. Most eaves are less than two feet. and the exemption would eliminate the need to reduce the eaves while allowing a bump up in lot coverage {about 2_3 percentage points depending upon lot size and the dimensions of the house). Let me know when we might be able to fit this amendment into the planning board schedule, as well as some of the proposed amendments in my memo of May 4.