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5. Ordinance 1487 - Zone Change - Kenneth Solum - 1st Reading"Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tri ciiyA cen t u rvtel. net www.tricitypianning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Thomas R. Jentz, Director Chris A. Kukulski, City Manager SUBJECT Kenneth Solum - Zone Change from R-3 to R-5 at 974 North Meridian MEETING DATE: December 1, 2003 BACKGROUND: This is a request by Kenneth Solum on behalf of Terry and Marguerite Baker for a change in zoning from R-3 to R-5. This property is located on the southwest corner of Liberty and North Meridian. The request is in compliance with the Growth Policy and the site abuts R-5 zoning. Staff recommended approval of the zone change request. At the public hearing, the applicant spoke in favor of the change. No other public comment was received. After the public hearing, the board discussed the proposal. A motion was made and seconded to adopt staff report #KZC-03-4 as findings of fact and based on these findings to recommend approval of the zone change from R-3 Single -Family Residential to R-5 Residential/Professional Office. This motion passed on a unanimous vote. RECOMMENDATION: A motion to approve the rezoning from R-3 to R-5 for property located at 974 North Meridian would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Thomas R Jentz Chris A. Kukulski Director City Manager Report compiled: November 19, 2003 c: Theresa White, Kalispell City Clerk Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish • Kenneth Solum Zone Change from R--3 to R-5 November 19, 2003 Page 2 of 2 Attachments: Transmittal letter Staff report #KZC-03-4 and application materials Minutes from 11/ 12/03 Planning Board meeting TRANSMIT\ KALISPEL\ 2003 \KZC-03-4MEM a ORDINANCE NO. 1487 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 LOT 4 BLOCK 7 OF ADAM'S ADDITION (PREVIOUSLY ZONED CITY R-3, SINGLE FAMILY RESIDENTIAL) TO CITY R-S (RESIDENTIAL/PROFESSIONAL OFFICE), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Kenneth Solum, the owner 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-5, Residential/Professional Office on approximately 7,000 square feet of land, and WHEREAS, the property is located on the southwest corner of Liberty and North Meridian Road, and WHEREAS, the petition of Kenneth Solum was the subject of a report compiled by the Tri-City Planning Office, #KZC-03-4, dated November 4, 2003, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned R-5, Residential/Professional Office, 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-5, Residential/Professional Office, and WHEREAS, alter considering all the evidence submitted on the proposal to zone the property as described R-5, Residential/Professional Office, the City Council finds such initial 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 County Commissioners, Etc. 590 P2d 602, the findings of fact of TCPO as set forth in Report No. KZC-03-4. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION]. Section 27.02.01.0, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1460) is hereby amended by designating the property described above as R-5, Residential/Professional Office on approximately 7,000 square feet. SECTION It. 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 Ill. 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 OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 1 ST DAY OF DECEMBER, 2003. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1.850 Fax: (406) 751-1858 tricity(a, centrvtel. net www.tricityplanning-mt.com November 19, 2003 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Kenneth Solurn - Zone Change Request from R-3 to R-5 at 974 North Meridian Dear Chris: The Kalispell City Planning Board met on November 12, 2003 and held a public hearing to consider a request by Kenneth Solum on behalf of Terry and Marguerite Baker for a change in zoning from R-3 to R-5. This property is located on the southwest corner of Liberty and North Meridian. Tom Jentz, of the Tri-City Planning Office, presented staff report #KZC-03-4 evaluating the project. Staff said the request was in compliance with the Growth Policy and the site abutted R-5 zoning. Staff recommended approval of the zone change request. At the public hearing, the applicant spoke in favor of the change. No other public comment was received. After the public hearing, the board discussed the proposal. A motion was made and seconded to adopt staff report #KZC-03-4 as findings of fact and to forward a recommendation to the City Council that the zoning designation be changed from R-3 Single -Family Residential to R-5 Residential/Professional Office. The motion passed on a unanimous vote. Please schedule this matter for the December 1, 2003 regular City Council meeting. You may contact this board or Tom Jentz at the Tri-City Planning Office if you. have any questions regarding this matter. Sincerely, Kalispell City Planning Board George Taylor President GT/TRJ/sm Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish • Kenneth Solum Zone Change Request November 19, 2003 Page 2 of 2 Attachments: Staff report #KZC-03-4 and application materials Minutes of 11/ 12/03 Planning Board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Kenneth Solum, 28 Ponderosa Drive, Kalispell, MT 59901 Terry Baker, 974 North Meridian, Kalispell MT 59901 TRANSMIT\KALISPEL\2©Q3\KZC-03-4 TRANSMIT KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING NOVEMBER 12, 2003 CALL TO ORDER AND .......... ............... .... The regular meeting of the Kalispell City Planning Board and ROLL CALL Zoning Commission was called to order at 7:00 p.m. Board members present were: Rick Hull, Jim Atkinson, Sue Ellyn Anderson, George Taylor, Timothy Norton. and John Hinchey. Jean Johnson was absent. Torn Jentz represented the Tri- City Planning Office. There were approximately 20 people in the audience. APPROVAL OF MINUTES ' Norton moved and Anderson seconded to approve the minutes of the Kalispell City Planning Board and Zoning Commission regular meeting of October 14, 2003. The motion passed unanimously on a vote by acclamation. BEAR THE PUBLIC Taylor wanted to express his appreciation to the staff of Tri- City and Torn Jentz for their hard work, professionalism and diligence, especially in light of the number of applications this office has processed over the past year. KENNETH SOLUM ZONE A request by Kenneth Solum for a zone change from R-3 ! CHANGE I (Single Family Residential) to R-5 (Residential/Professional Office) for property located at 974 North Meridian Read in Kalispell. STAFF REPORT Torn Jentz, with the Tri-City Planning Office, gave a KZC-03-4 presentation of staff report KAC-03-4, a request for a zone [ change from R-3 to R-5 for property located at 974 North I Meridian Road in Kalispell. i Jentz showed a site plan and stated that Liberty Street forms the northern boundary and Meridian Road forms the eastern boundary and there is currently a single family residence on the property. He said the property is currently zoned R-3 and is in an established neighborhood that is going through changes. He said the zoning to the north is R-5 and the applicant is requesting the same; there is an apartment complex, day care and auto repair in the; area. Jentz stated that the area is in transition and that construction on Meridian Road is scheduled to start this spring. He said that the applicants want R-5 zoning and they may be converting the house to an office. 14e said it would serve as a buffer to the single family neighborhood to the west. Jentz stated that if the residence is converted to an office, E the building department will review the building for structural integrity, parking, handicapped accessibility, etc. He said that staff is recommending approval of the project. Kaiispeff C;'it� i'fanning Board Mimes of the n-leeling ol'Nnvernber f2_ "-OU", flarse € � if 10 ` PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. I APPLICANTIAGENCIES Kenneth Solum, applicant, stated that they may not make it an office, but that even if it remains a single family residence, the value of the property would go up with a zone change. PUBLIC COMMENT i I No one wished to speak and the public hearing was closed. MOTION Atkinson moved and Hinchey seconded to adopt staff report KZC-03-4 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the zoning for this property be changed from R-3, Urban Single Family Residential, to R-5, Residential/Professional Office on the i i property located at 974 North Meridian Road in Kalispell. BOARD DISCUSSION Atkinson asked why the corner is lobbed off on the site plan, and if it is part of the right of way for the Meridians. Road expansion. � Jentz answered that it is. Atkinson. asked Jentz if setbacks would be met given the easements for Meridian if the house were to remain. i Jentz stated that if the house were torn down and something else was rebuilt, the new structure would need to meet setbacks, but the house is grandfathered now, It generally meets all setbacks except possibly the northeast corner. Norton asked about parking. Jentz stated that if a new building were placed there, the I amount of parking would drive the size of the building and that parking still has to be provided on site no matter what I € he does with the building. Hull stated that he feels the proposal is short sighted, and i the city should look at making the entire half block R-5 zoning to the intersection of Two Mile Drive. I i F i T .TPtlt7 cli S7c7PC#`Pf� Fli'1 �"#iTi x7 f�P 1C�Pa fSTF � ;xrr�r3rc3-�l27i iv7 c#A'�Ci ni �. discussing it now. Taylor asked what was on lots 1, 2 and 3 now. Kalispeit £,;t} Planning Board Minutes of the mmina of November 12. '-003 Pane 2 ar 10 ROLL CALL GOLDBERG PROPERTIES, INC. PRELIMINARY PLAT APPROVAL Jentz answered a day care and counseling business that are zoned RA-3, which is High Density/Office. The motion passed unanimously on a roll call vote. A request by Goldberg Properties, Inc. on behalf of the Department of Natural Resources for preliminary plat approval of Spring Prairie Center, a 29-lot commercial subdivision on 54.4 acres located on the west side of US Highway 93 immediately south of the West Reserve intersection. STAFF REPORT Tom Jentz, with the Tri-City Planning Office, gave a KPP-03-14 presentation of staff report KPP-03-14, a request for preliminary plat approval of Spring Prairie Center, a 29-lot commercial subdivision. on 54.4 acres located on the west Side of US Highway 93 immediately south of the West Reserve intersection. Jentz stated that the issue tonight for Spring Prairie is the subdivision, and we will not be dealing with other issues like signage, etc. He showed a site plan with Highway 93 forming the eastern boundary and Reserve Drive forming the northern boundary. He stated that the right of way for the future bypass goes across the property to the north, and the BPA has a transmission corridor running through Phase 3 of the site. It is currently vacant, except for the BPA line. Jentz stated that there is a half -mile of frontage on Highway 93, with the properties extending back from the Highway. He stated the plat shows 15 or 16 building pads, but there are actually 29 parcels. He said that large tenants will consolidate several parcels, smaller tenants may use individual parcels. Jentz explained the developer will be consolidating and shifting parcels, depending on the tenants. Other than Lowes, the developers are not sure exactly who will come in, other than they will be commercial in nature. Jentz said the property is 54 acres of land, and is part of the 1999 Section 36 Neighborhood Plan. This particular area was designated commercial. He said that in December of 2001 a PUD was approved by the city which developed the zoning and design standards for the area and that we are at the end of the development process as we look at the subdivision.. Jentz stated there are few environmental constraints, however, the site is crossed by a BPA power line. He said the BPA will place constraints about what and where the developers can build under those power lines. There are no water problems, no slope irritations, and no steep terrain. He stated that the nrooerty was annexed a few nears ago and Kaisoell City Planning Board Minutes ofthe meetinu ofNovember 12. 1003 KENNETH SOLUM ZONE CHANGE REQUEST FROM R-3 TO R-5 TRI-CITY PLANNING OFFICE STAFF REPORT #KZC-03-4 NOVEMBER 4, 2003 A report to the Kalispell City Planning Board the Kalispell City Council regarding a zone change request from R-3 to R-5. A public hearing has been scheduled before the Kalispell City Planning Board for November 12, 2003, 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. BAI'KGROIIND INFORMATION: The applicants are proposing to amend the Kalispell Zoning Map by rezoning a residential lot on the southwest corner of Liberty and North Meridian Road from. an R-3 Single -Family Residential zoning district to an R-5 Residential/Professional Office zoning district. A. Petitioner and Purchaser: Kenneth Solum 28 Ponderosa Drive Kalispell, MT 59901 (406) 257-11569 B. Location and Legal Description of Property: This property is located on the southwest corner of Liberty and North Meridian Road. It is described as Lot 4 Block 7 of Adams Addition.. The physical address of the property is 974 North Meridian in Kalispell. C. Existing Zoning: Currently this property is zoned R-3, a residential zoning district that is intended primarily for single-family homes and does not allow duplexes, apartments or offices either as permitted or conditionally permitted uses. The minimum lot size requirement for this zoning district is 7,000 square feet and a minimum lot width of 60 feet. D. Proposed Zoning: The proposed zoning is R-5, a Residential / Professional Office zone which also has a minimum lot size requirement of 7,000 square feet. This zone change would allow as a permitted use single-family residences similar to the R-3. In addition,, however, the zone change would allow duplexes and two unit townhouses to be constructed on existing lots as well as professional, governmental and medical offices and pharmacies as permitted uses which are not allowed in the R-3 district. E. Nature and Background of Request: The property lies along a fairly busy street and has had difficulty selling as a single-family residence. The property to the immediate north across Liberty is currently zoned R-5. The potential buyer wishes to locate a small professional office to do computer consulting. He has made an offer on the property contingent upon re -zoning. F. Size: The city lot measures approximately 75 feet by 100 feet with some additional land lost to Highway R/W on the northeast corner of the lot. Thus it appears that the lot contains just over 7,000 square feet. G. Existing Land Use: A one story single-family residence. #KZC-03-4 Page i of 4 H. Adjacent Land Uses and Zoning: The property is surrounded on all sides by a variety of zoning classifications and uses. To the west lies an older single-family residential neighborhood zoned R-3. To the north a large single-family home has been rezoned to R-5 and now contains the Real Estate Horne Buyers Guide business. To the east lies North Meridian Road, planned for 4-lane expansion this spring. Across Meridian lies Meridian Ponte apartments and a day care/school all of which is zoned High Density Multi -Family. To the south lies a single-family residence but just down North Meridian, from this house is an automotive repair facility and Northwestern Energy office complex and yard. North: Residence converted to office - R-5 zoning; East: Multi -family housing project, school - RA-3 zoning South: Single-family residences - R-3 zoning West: Single-family residences - R-3 zoning; L Utilities and Public Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Coop Telephone: CenturyTel Schools: School District #5 Fire: - Kalispell Fire Department Police: City of Kalispell J. Relation to Zoning Requirements: This property contains a single-family residence. The proposed zoning would allow a duplex on the property via issuance of a building permit. All required parking and setbacks would have to be maintained. The residence could be converted to an office as is proposed. The applicant would have to work with the Kalispell building and zoning departments to assure that all building and occupancy codes are met (handicapped accessibility, floor loading, etc.) and that required parking is provided. K. Public comment: 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 had been received from the public regarding this proposal. 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. The Kalispell Growth Policy designates this area as Urban Mixed Use. This designation is typically extended to those areas undergoing a transition or which serve as buffer areas. In this case, North Meridian traffic continues to increase and the quiet single-family neighborhood of 20 and 30 years ago is changing. Typically uses anticipated by the zoning ordinance include, residences, offices and multi -family units. KZC-03-4 Wage 2 of 4 Typically, an R-5 zone would be expected to generate a greater traffic flow than an R- 3 zone. However, this particular site borders North Meridian Road which is designated as an arterial in the Growth Policy. Furthermore, the entire length of North Meridian is intended to be re -constructed beginning next spring. Consequently, an R-5 located at this location where the traffic artery is designed to accommodate increased traffic flows is an asset over allowing R-5 development to occur in a location in the community where traffic capacities are deficient The current traffic generation from this site is 10 vehicles on average, upon re --zoning this figure could rise to 10 - 50 at most. These flows are not excessive or impacting to the local system. The property contains a single-family residence and meets current setbacks and zoning requirements. if re -zoned and converted to office use, the City building department will inspect the property and require it to be brought up to commercial codes. Off street parking will be required. Thus checks are in place to ensure that dangers from fire and panic are not present. The proposed zoning will insure, to a great extent that the residential character of the neighborhood will be maintained and that the existing house on this lot will have a future economic use. Traffic will continue to increase on North Meridian. The re- construction this spring will snake North Meridian a 4-lane road. The desirability of this location for traditional singe -family is declining. A viable re -use of the property that maintains its residential character and serves as a buffer to the residences further off of North Meridian is important. The proposed R-5 incorporates minimum lot coverages, setbacks and height limitations to insure adequate air and light. Overcrowding occurs when services do not match the level of anticipated use. This site is adequately serviced by city sewer and water services. The immediately abutting road (North Meridian) is being re -constructed to 4-lane status. Services and facilities are in place to accommodate anticipated uses allowed in the R-5 zone. There is a full range of public services in the area including water, sewer, fire and police protection and maintained city streets. 8. ]Does the requested zon_e�ye co--isitierq.tion to the- -p,�?xticuLwr Suitability of V.#XQ •2'rjy for -particular KZC-o3-4 Page 3 of 4 The property contains approximately 7,000 square feet. It lies at the corner of a busy intersection. North Meridian Road to the east will be re -constructed to 4-1ame status this next spring. Traffic continues to increase and to flow heavier earlier and later in the day. The lot is surrounded on two sides already by non-residential uses. All these factors make it difficult to maintain a viable single-family residence at this location. The R-5 zone offers options to create a viable buffer for the more fragile single-family residences beyond and allow the property to be maintained. s �•_ s_ -s - -s •s- - -, as�'si% ••i�iii-.�t •e �s '�%�s�t'�.'Ti�'is�'"�•�ii�i�a' s � The proposed R-5 is particularly suited for this neighborhood and for this particular property. The property lies within a mixture of uses including a significant apartment complex across Meridian, an office to the immediate north and single- family uses to the west and south. Land uses along North Meridian have been changing over the years away from traditional single-family to other uses less susceptible to impacts caused by adjacency to an arterial road. In addition, significant and increasing traffic along North Meridian all support the zone change as a buffer to the more fragile single-family residences to the west. One of the chief uses of the R- 5 is to serve as a buffer and a transitional area. ! s' • s�• -11as' •• - - •- - • mroffilpm The proposed R-5 zoning would serve to buffer uses to the west. It would also allow a viable re -use of the existing single-family residence if it were converted to an office. Investment into this property as an R-3 zone will decline as negative impacts increase. The R-5 will offer an alternative to this. 11. Will the requested zone enc=T-age the most appropriate use of the land throughout This neighborhood has been greatly impacted by increased traffic along North Meridian and will continue to be as this road is converted to a 4-1ane arterial. The R--S zone will allow this site to be economically re -developed and be maintained as a buffer to residential uses to the west. The future viability of this site for a single- family residence is gradually declining and with that typically will come a decline in upkeep and maintenance. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KZC-03-4 as findings of fact and recommend to the Kalispell City Council that the requested zone change from. R-3 to R-5 Residential/Professional Office be approved. KZC-03-4 Page 4 of 4 1. 2. 3, 4. 5. Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 PETITION FOR ZONING AMENDMENT CITY OF KALISPELL NAME OF APPLICANT: 'E'it/ �1� i) . �_) c�.� �t �22 MAIL ADDRESS: 29 AC2 0/ CITY/STATE/ZIP: PHONE: Z1V4, `ZU-F INTEREST IN PROPERTY:l�f°r�1�.� ZONING MAP AMENDMENT: ZONING TEXT AMENDMENT: IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE TEXT OF THE ZONING REGULATIONS, PLEASE COMPLETE THE FOLLOWING: A. What is the proposed zoning text amendment? IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP, PLEASE COMPLETE THE FOLLOWING: A. Address of the property: �a'2 B. Legal Description: 7-Z L a /j� :27 (Lot and Block of Subdivision; Tract #) (Section, Township, Range) (Attach sheet for metes and bounds) C. The present zoning of the above property is: _..... ?-j D. The proposed zoning of the above property is: /I - s E. State the changed or changing conditions that make the proposed amendment necessary: j 1 �� CCU 02fL Zr1VZ-5//��`x -`,mot l�r'i- HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF, A. h, Promoting the Master Plan B. LesseniiiF�pngestion in the streets and providing safe access 7/0 7 C. Promoting safety from fire, panic and other dangers z D. Promoting the public interest, health, comfort, convenience, safety and general E. Preventing the overcrowding of land 4 a z 4CZ Z'�2 ...... . ... .. ..... -�-- A /7 `7 . . .... ........ F. Avoiding undue concentration of population Z` �K-' 421-, z la Z- G. Facilitating the adequate provision of transportation, water, sewage, schools, par ks and other public facilities 'o I H. Giving reasonable consideration to the character of the district-7�1�1 7 1. Giving consideration to the peculiar suitability of the property for particular uses J. Protecting and conserving the value of buildings K. Encouraging the most appropriate use of land by assuring orderly growth The signing of this application signifies approval for Tri-City Planning staff to be present on the property for routine monitoring and inspection during approval process. L-2 (Applicant) (Date) 3 VICINITY MAID KENNETH D SOLUM ZONE CHANGE REQUEST FROM R-S, SINGLE FAMILY RESIDENTIAL TO R-5, RESIDENTIAL / PROFESSIONAL OFFICE CITY OF KALISPELL Purr DATE: 10/13/03 FILE KZ C - 0 3 - 4 SCALE I" = 150' H \gi3\sitE\_4-d-g