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6. Ordinance 1488 - Text Amendments - City of Kalispell - 1st ReadingREPORT TO: P4Zk*)kT� SUBJECT MEETING DATE: Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net Kalispell Mayor and City Council Thomas R. Jentz, Director Chris A. Kukulski, City Manager Kalispell Zoning Text Amendment - adding R-5 to the PUD category December 1, 2003 BACKGROUND: This is a request for a zoning text amendment by the City to allow a PUD overlay within the R-5 zone and to set the residential density for an R-5 PUD at 14 dwelling units per acre. It appears that when the R-5 zone was crafted years ago, no reference was added in the PUD section of the code and therefore a PUD overlay currently is not available In the R-5 zone. This amendment is considered housekeeping in nature to correct that oversight. No public comment was received at the hearing. The board discussed the proposal and agreed that the amendments made sense especially in light of the greater demand for R-5 zoning in the community. A motion was made to recommend to the Kalispell City Council that the proposed amendments be approved as outlined on attached Exhibit A. RECOMMENDATION: A motion to approve the first reading of the ordinance would be in order. FISCAL EFFECTS: None. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, j Thomas R. Jentz Director Report compiled: November 20, 2003 Chris A. Kukulski City Manager Providing Community Planning Assistance To. - City of Kalispell - City of Columbia Falls - City of Whitefish - Kalispd[ Zoning Text amendment - Adding R-5 to PUD November 20,2003 Page 2 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter and Exhibit A Staff report KZTA-03-5 and application materials Minutes from 11 / 12 / 03 planning board meeting :\FRDo\TRANS IT\xALISPEL\2©os\KZcAfla-s. MEMO,DOC ORDINANCE NO. 1488 AN ORDINANCE AMENDING SECTION 27.21 OF THE KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ALLOWING PLANNED UNIT DEVELOPMENTS IN THE R-5, RESIDENTIAL/PROFESSIONAL OFFICE DISTRICT AND INCREASING THE NUMBER OF MAXIMUM DWELLING UNITS IN A PLANNED UNIT DEVELOPMENT IN THE R-4, TWO FAMILY RESIDENTIAL DISTRICT AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has submitted a written request to amend Section 27.21 of the Kalispell Zoning Ordinance, by allowing Planned Unit Developments in the R-5, Residential/Professional Office District, 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 recornnlended that PUDs be allowed in the R-5, Residential/Professional Office district, with a maximum density of 14 dwelling units/acre, and that the maximum density of dwelling units/acre in the R-4 District be increased from 10 to 12 units, 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-03-5 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 1. 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 I.I. All parts and portions of Ordinance No. 1460 not amended hereby remain unchanged. SECTION IH. 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 I ST DAY OF DECEMBER, 2003. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor EXHIBIT A CITY OF KALISPELL KALISPELL ZONING ORDINANCE TEXT AMENDMENTS CHAPTER 27.21 PLANNED UNIT DEVELOPMENT DISTRICT 27.21.030 (3)(a) Residential PUD District. Residential PUD districts can be established only in areas zoned R-I through R 4 RR5, RA-] through RA-3 districts or directly upon annexation in any area designated as "residential" in the Kalispell Growth Policy. 27.21A30(4)(a) Residential PUD. Within a Residential PUD District, the uses and structures permitted in R-I through R 4 R-5 zones, and RA-1 through RA- 3 zones shall be allowed. Residential dwelling unit densities within a proposed residential PUD district shall be as follows: Residential PUD Created R-I District R-2 District Maximum Permissible Density 3 dwelling units/acre 5 dwelling units/acre R-3 District 7 dwelling units/acre R-4 District 47812 dwelling units/acre R-5 District 14 dwelling units/acre RA-1 District 24 dwelling units/acre RA-2 District RA-3 District 33 dwelling units/acre 33 dwelling units/acre Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone. (406) 751-1850 Fax: (406) 751-1858 tricity a*centurytel.net November 19, 2003 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Kalispell Zoning Ordinance Text Amendment - Changes to R-5 PUD Section Dear Chris: The Kalispell City Planning Board met on November 12, 2003 and held a public hearing to consider a request by the City for an amendment to the Kalispell Zoning Ordinance to allow a PUD overlay within an R-5 zoning classification and to set the residential density at 14 units per acre. Tom Jentz of the Tri-City Planning Office, presented staff report #KZTA-03-5 evaluating the proposal and recommended approval of the proposed change. It appears that the R-5 classification was not included in the PUD section of the zoning code when the R-5 zone was crafted years ago and therefore a PUD overlay currently is not available In the R-5 zone. This amendment is considered housekeeping in nature. No public comment was received. The board discussed the proposal and agreed that the amendments made sense especially in light of the greater demand for R-5 zoning in the community. A motion was made to recommend to the Kalispell City Council that the proposed amendments be approved as outlined on attached Exhibit A. The motion passed unanimously. 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/TJ/sm Providing Community Planning Assistance To: • City of Kalispell - City of Columbia Falls • City of Whitefish • Kalispell Zoning Ordinance Text Amendment - R-5 PUD November 19, 2003 Page 2 Attachments: Exhibit A Staff report #KZTA-03-5 and application materials Minutes 11/ 12/03 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk fl:\FRDO\11;MvsMrr\KALISPEL\2003\ R-o,3-5.aoc ..... .. . Jentz stated that there may be one more condition dealing with the proposed north / south sidewalk through the major parking lots. He said that the applicant wondered why a sidewalk is required and they offered to make landscape islands instead. He said there is not a lot of need for pedestrian traffic there and that it is a sidewalk to nowhere, but that it can offer significant landscaping. Anderson stated that the landscape option was a better idea_ Taylor agreed. Cond. 12 e - North -south sidewalks will be required along three two north -south corridors provided in this subdivision. First, a sidewalk will be required along the complete length of the internal private access road that parallels US 93 and bisects the traffic circle. Second, a sidewalk will be required along the fronts of the major building pads including Lowe's extending from the south boundary bike trail to the north boundary of the subdivision in a continuous fashion. the major tenant paF11--ing lots of Phase 1 and Phase 2 as shompa an the site plan. There was further discussion about sidewalks and landscaping. Cond. 15 f -- The major landscape corridor extending; north - south through the maajor tenant arkin lots of phases 1 &, 2 are intended to be raised ctarb lanters measurin approximately 18' x W or typically 4 parking spaces in size. Hull stated that if there were no curbs, cars would park across the sidewalk so that pedestrians cannot get by and that a raised sidewalk with landscaping will serve as a buffer. AMENDMENT Taylor moved and Atkinson seconded that all of Jentz's word changes be accepted as stated. ROLL GALL (AMENDMENT) The amendment carried on an unanimous roll call vote. ROLL GALL (MAIN MOTION) The main motion carried on a unanimous roll call vote. CITY OF KALISPELL A request by the City of Kalispell to amend the Planned Unit ZONING TEXT Development section of the Kalispell City zoning ordinance AMENDMENT REQUEST (Chapter 27.21) to alloy PUDs in the R-5, Residential/ Professional Office zone and in particular to amend section E 27.21.030 to allow a maximum density of 14 dwelling units/acre in the R-5 and to change the R-4 residential density from 10 to 12 units/acre. Kaiispei( City Planning Board Minutes of the meeting ofIN vernher 1 _ _003 Pear R nf 10 STAFF REPORT KZTA-03-5 Tom Jentz, with the Tri-City Planning Office, gave a presentation. of Staff Report KZTA-03-5, a request by the City of Kalispell to amend Chapter 27.21 to allow PUDs in the R-5 zone and to amend R-4 to allow 12 units per acre. Jentz explained that this request is for amendments to the R-5 zone and that staff has had several requests this year for R-5 zoning with a PUD overlay. Staff found that, through an oversight, the R-5 does not allow PUDs. He said the R-5 zone was created several years ago but quite possibly, no one reviewed t e associated sections that referenced R-5. Staff feels it is a logical zone to allow PUDs, and recommends that PUDs be allowed in the R-5 zone, with 14 units per acre maximum. Jentz stated it is a housekeeping issue and a minor amendment to the zoning regulations. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANTS/AGENCIES No one was available from the City. PUBLIC COMMENT No one wished to speak and the public hearing was closed. MOTION Atkinson moved and Taylor seconded to adopt staff report KZTA-03-5 as findings of fact and, based on these findings, recommend to the Kalispell City Council that Chapter 27.21, Kalispell Zoning Ordinance be amended to allow PUDs in R-5 zoning and to change the maximum density in the R-4 zone ' from 10 to 12 units/acre. BOARD DISCUSSION Hull asked how this would effect the Greenery project, and if it would effect the neighbors. Jentz stated the Greenery has temporarily withdrawn their application but will be coming in possibly in February - March. The were contemplating an R-5 PUD to incorporate professional offices with single story design, planned i building location and open space all in concert with the neighborhood. He said it would offer flexibility to shift the design. Hull asked about the maximum dwelling units of 14 per acre and asked what the maximum is for R-5 now. Jentz answered that 12 duplexes would be allowed under the R-5 right now and that the land or neighborhood would dictate maximums under a PUD. He said there is always an option to reduce dwelling units. ROLL CALL The motion passed on a unanimous roll call vote. Kalispell City Planning Board Minutes of the meeting czF"November 12, -ODD n1111- 0:.Fln CITY OF KALISPELL REQUEST FOR KALISPELL ZONING ORDINANCE TEXT AMENDMENT TRI-CITY PLANNING OFFICE STAFF REPORT KZTA-03-5 NOVEMBER 4, 2003 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for an amendment to the Kalispell Zoning Ordinance. A public hearing has been scheduled before the Kalispell City Planning Board for November 12, 2003 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. BAC_`KGRO11 D INFORMATION: In order to address what was likely an oversight during the initial writing and adoption. of Kalispell's current zoning ordinance, the City of Kalispell is proposing an amendment to the Kalispell Zoning Ordinance that would allow Planned Unit Development (PUD) districts in areas of the city that are zoned R-5, Residential/ Professional Office. A. Petitioner: City of Kalispell P.O. Box 1997 Kalispell, MT 59903 B. Area Affected by the Proposed Changes: Any area of Kalispell with a zoning designation of R-5 will be affected by the proposed amendment, as will areas annexed into the city that are assigned an R-5 zoning upon. annexation. C. Proposed Amendment: The proposed amendment to the Kalispell Zoning Ordinance proposed by the applicant would amend Chapter 27.21 to allow PUD districts in the R-5 zone and would establish a maximum permissible residential density of 14 dwelling units/acre in an R-5 Planned Unit Development. Staff Discussion: The R-5 Residential/Professional Office zoning district is the only residential district within the city that does not allow the option of developing a "Planned Unit Development." This is likely an oversight, as a district such as the R-5, which allows both residential and professional, office uses, is an ideal district in which to use a tool such as a PUD. A Planned Unit Development affords a developer the opportunity to creatively integrate open space, parking and a mix of land uses in ways that are not typically allowed by the underlying (in this case R-5) zoning. The PUD option rewards the developer with a slight increase in density in exchange for superior building and site design. 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. �• •- "• ss- s rs s • s- s a • '• A stated goall of the Kalispell Growth Policy, adopted February 18, 2003, is to "encourage efficient use of space, orderly growth consistent with high quality of KZTA-03-5 Page I of 4 life, fiscal soundness, environmental conservation and community vitality." Another goal of the growth policy is to "provide an adequate supply and mix of housing that meets the needs of present and future residents in terms of cost, type, design and location." Yet another goal is the implementation of "standards that ensure a high quality function and design in new development." Each of these goals can be realized through a Planned Unit Development. By allowing PUD`s in the R-5 district, the proposal is in substantial compliance with the growth policy. •- -r -• ••- •- ••-Sun -• r•• •• • •- - The proposed amendment would allow Planned Unit Developments to occur in the one residential district in Kalispell where they are not at this time allowed. The Kalispell Zoning Ordinance spells out specific review criteria that are applied to PUD applications. It is incumbent upon the applicant to demonstrate how vehicular traffic and parking will be handled. Mitigation measures, if necessary, can be required, thereby insuring little, if any, impacts with regard to street congestion. The proposed change would not compromise the security and safety of the community since all of the applicable Planned Unit Development review criteria, building codes and fire codes would need to be met by anyone developing a Planned Unit Development in an R-5 district. The general health and welfare of the public will be promoted by providing opportunities that currently do not exist for property owners in an R-5 district to creatively develop their property in a PUD. As stated above, the zoning ordinance contains specific development standards and review criteria for PUD's that insure the health and general welfare of the community will not be compromised. The Planned Unit Development standards contained in Chapter 27.21 of the Kalispell Zoning Ordinance consider lot area, ratios of floor space to land area, open space, setbacks, building separations and building heights - all of which are tools intended to insure adequate light and air. r• 'a •• • •'••02 The same development standards noted above will prevent an overcrowding of the land and/or an undue concentration of people. r•• • .•• Weiss tfam pip 4.91 REM Wfdf lip. 5 1 wwde$'r KZTA,-o3-5 Page 2 of 4 Full public services and facilities are required in order to develop in a Planned Unit Development zoning district. The Zoning Commission and City Council, when considering a PUD application., will review, and amend if necessary, plans for handling vehicular traffic, parking, sewage disposal, drainage, water supply, open space, and other pertinent site development characteristics. This review process will insure that adequate public facilities exist or will be provided. ' fir- •- '" .- -" rr- - rr .- •r • r- .. .• s •- This amendment would allow property owners in the R-5 district the option of applying for a PUD "overlay." Any development considered as a Planned Unit Development would be scrutinized in order to determine whether the property in question was suitable for the mix of uses being proposed. • The proposed amendment gives reasonable consideration to the character of the residential/professional office areas in which these amendments would take effect, those being the R-5 districts that currently allow both residential and professional office uses. The zoning ordinance currently allows PUD's in all other residential districts; it is likely that the omission of the R-5 district as one in which a PUD was allowed was on oversight. The value of buildings will be preserved by the rigorous review process and development standards that accompany a PUD application. WIMP MIII The most appropriate land use throughout the jurisdiction will be promoted by providing both flexibility to the property owners and strong oversight of development to the governing body. Staff recommends that the Kalispell City Planning Boaxd and Zoning Commission adopt staff report #KZTA-03-5 as findings of fact and, based on these findings; recommend to the Kalispell City Council that the proposed amendment to the Kalispell Zoning Ordinance be approved as outlined in Exhibit A. TRJ KZTA-03-5 Page 3 of 4 The oaity.tnter L ake, Sunday, No. 7534 NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COM- MISSION The regular meeting of the Kalispell City Plan- ning Board and Zoning Commission is sched- uled for Wednesday, November 12, 2003 be- ginning at 7:00 PM in the Kalispell City Coun- eil Chambers, Kalispell City Hall, 312 First Ave- nue East, Kalispell. The planning board will hoid a public hearing and take public comments on the following agenda .items. The Board will make a recommenaa- tion to the Kalispell City Council who will take fi- nal action. 1. A request by John and Brenda Vincent for an lnitiai zoning desig- nation upon annexation to the City of Kalispeii of R-3, Single Family Resi- dential with a Planned Unit Development (PUD) overlay on ap- proximately 2.45 acres of land located on the north side of California Street between 5th Ave. and 7th Ave. East North. The proposed R- 3.-PUD designation an- ticipates 8 residential units consisting of two -- two -unit townhouses fConting an California .and two single family residences and a two - unit townhouse fronting on the bluff. Approxi- mately .S5 acres would e designated as park and given to the City. The property is currently zoned County R-1, a single family residential zone. A preliminary plat for the 8 residential units and park called ShIlwater Terrace will be concurrently sutmitted for public hearing and review as part of this agenda item. The pro)- e€t will be- served by ill municipal services. The site is described as As- sessors Tract 23A in the SW4, NW4 of Section 8, T28N, 9.211Nm P,M° M., Flathead County, Mon - October 2k 2.00.3 2. A request by Gold- berg Properties. Inc, on behaif of The Depart- ment of Natural Resour- ces 'Or pre#iminary plat approval of a 23 lot commercial subdivision on 54.4 acres of land lo- cated on the west side of US Highway 93 im- mediately south of the West Reserve intersec- tion. The property con- tains approximately 112 mile of frontage along US 93, the applicant proposes three entran- ces along this corridor. The site is subject to the Spring Prairie PUD zon- ing which was adopted in 2001. This site is des- ignated as commercial with specific design and use standards establish- ed therein. The entire project is located in the E2NE4 of Section 36. T29N, R22W, P.M.M. Flathead County. 3. A request by Ken- neth Solurn to change the zon""' from R-3 (Single Family Flesiden- tial) to R-5 (Residential Professional) for proper- N located at 974 North Meridian in Kalispell, The property is located on the southwest corner of Liberty and Meridian Road and is described as lot 4, Block 7 of Adams Addition, The R- a is primarily a single family zone. The pro- posed R-5 anticipates singte family, duplex and professional office space. 4. ,A request by the City of Kalispell to amend the Planned Unit Development (PUD) section of the of the Ka- lispell City zoning ordi- nance (Chapter 27,21) to allow PUD's to occur in the R-5 Residential /Professional zone and in particular to amend section 27.21.030 to al- iow a maximum density of 14 dwelling unitsiacre in he R-5 and to change the R-4-esiden- tial Jensity from 10 to 12 units/acre. Documents pertaining to these agenda items are an fife for public in- spection at One Tri-City manning Office. 17 Sec- ond Street East. Suite 21 Kalispeii, PEAT 5990.1pan are avaiia. bteifar public:review.. d�if ng reg,alar ,a€)vice hours.. Anterested persona• are ` tv be si the