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03. Ordinance 1418 - Text Amendment - Lot Coverage - 1st ReadingREPORT TO: FROM: 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 Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager City of Kalispell - Zoning Ordinance Text Amendments Increase in Lot Coverage May 6, 2002 BACKGROUND: This is a request by the City of Kalispell for amendments to the zoning ordinance. These amendments would increase the allowable lot coverage in most of the residential zoning districts by five percent, will clarify that decks less than 30 inches in height will not be included in the lot coverage limits and eliminating the 25 percent lot coverage limits in rear yards of the R zones. The proposed amendments could potentially affect properties located in the R-1, Suburban Residential; R-2, Single Family Residential; R-3, Urban Single Family Residential; R-4, Two Family Residential; RA-1, Low Density Residential Apartment and R-2, High Density Residential Apartment zoning districts in the Kalispell city limits. The Kalispell City Planning Board held a public hearing on April 9, 2002 regarding the amendments. At the public hearing, there were three members of the public who spoke in favor of the regulations citing concerns they had as property owners in Glacier Village Greens. The planning board is unanimously recommending to the city council that the amendments be made as proposed. RECOMMENDATION: A motion to approve the first reading of the ordinance would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, 44 z V//� Narda A. Wilson Senior Planner Report compiled: April 18, 2002 CAA, Chris A. Kukulski City Manager Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish City of Kalispell Zoning Ordinance Text Amendment April 18, 2002 Page 2 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter and Exhibit A Staff report KZTA-02-1 and application materials Draft minutes from 4/9/02 planning board meeting H: \ FRDO \TRANSMIT\KALISPEL \2002 \ KZTA02-1 MEMO. DOC NO. 1418 AN ORDINANCE AMENDING VARIOUS RESIDENTIAL SECTIONS OF THE KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY AMENDING THE LOT COVERAGE LIMITS; SECTION 27.22.020(3)(d), BY DELETING REAR YARD COVERAGE LIMITS; SECTION 27.37.010, BY AMENDING THE DEFINITIONS OF LOT COVERAGE AND STRUCTURE, 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 lot coverage limits, deleting rear yard coverage limits, and amending two definitions, 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 limits in residential zoning districts, deleting rear yard coverage limits in Section 27.22.020(3)(d), and amending the definitions of lot coverage and structure in Section 27.37.010, 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-02-1 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. 1175, is hereby amended as follows: 27.04.040: Suburban Residential: Property Development Standards. (5). Permitted Lot Coverage (%): 39 35 27.05.040: Single Family Residential: Property Development Standards. (5). Permitted Lot Coverage M : 39 35 27.06.040: Urban Single Family Residential: Property Development Standards. (5). Permitted Lot Coverage (%): 3-5 40 27.07.040: Two -Family Residential: Property Development Standards. (5). Permitted Lot Coverage (%): 4-9 45 27.09.040: Low Density Residential Apartment: Property Development Standards. (5). Permitted Lot Coverage (%): +e 45 27.10.040: High Density Residential Apartment: Property Development Standards. (5). Permitted Lot Coverage (%) +5 50 Section 27.22.020: Accessory Use Restrictions Section 27.37.010: Definitions. (125) Lot Coverage. The total area of a lot covered by the principal and accessory buildings or structures including any area occupied by eaves, overhangs or roofs and any attachment to a building or structure but excluding open decks less than 30 inches in height (measured from grade to the top of the platform). (230) Not included are ... in height, driveways, sidewalks, patios and other at grade improvements: retaining walls,... SECTION II. All parts and portions of Ordinance No. 1175 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 DAY OF MAY, 2002. 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 tricity@centurytel.net April 18, 2002 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: City of Kalispell - Zoning Ordinance Text Amendment on Lot Coverage Dear Chris: The Kalispell City Planning Board met on April 9, 2002, and held a public hearing to consider a request by the City of Kalispell for amendments to the zoning ordinance. These amendments would increase the allowable lot coverage in most of the residential zoning districts by five percent, will clarify that decks less than 30 inches in height will not be included in the lot coverage limits and eliminating the 25 percent lot coverage limits in rear yards of the R zones. The proposed amendments could potentially affect properties located in the R-1, Suburban Residential; R-2, Single Family Residential; R- 3, Urban Single Family Residential; R-4, Two Family Residential; RA-1, Low Density Residential Apartment and R-2, High Density Residential Apartment zoning districts in the Kalispell city limits. Narda Wilson, of the Tri-City Planning Office, presented staff report #KZTA-02-1 evaluating the project. Staff recommended approval of the changes to provide greater flexibility and consistency. At the public hearing, there were three member of the public who spoke in favor of the regulations citing concerns they had as property owners in Glacier Village Greens. After the public hearing, the board discussed the proposed amendments. A motion was made and passed unanimously to recommend to the city council that the amendments be made as outlined on attached Exhibit A. Please schedule this matter for the May 6, 2002 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. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish City of Kalispell Zoning Ordinance Text Amendment April 18, 2002 Page 2 Sincerely Kalispell City Planning Board ex L"/ Ron Van Natta President RVN/NW Attachments: Exhibit A Staff report KZTA-02-1 and application materials Draft minutes 4/9/02 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: P.J. Sorensen, Kalispell Zoning Admin. Box 1997, Kalispell, MT 59901 H: \FRDO \TRANSMIT\KALISPEL\2002 \ KZTA-02-1.DOC City of Kalispell Zoning Ordinance Text Amendment April 18, 2002 Page 3 EXHIBIT A CITY OF KALISPELL PROPOSED ZONING AMENDMENTS LOT COVERAGE AND DEFINITIONS AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD APRIL 9, 2002 The Kalispell City Planning Board is recommending the following amendments to the Kalispell Zoning Ordinance to the Kalispell City Council. : 1. Amendments to Lot Coverage Limits. ZONE PRESENT COVERAGE PROPOSED R-1 - Suburban Residential R-2 - Single Family Residential R-3 - Urban Single Family Residential R-4 - Two -Family Residential RA-1 - Low -Density Residential Apartment RA-2 - High -Density Residential Apartment 30 percent 30 percent 35 percent 40 percent 40 percent 45 percent 35 percent 35 percent 40 percent 45 percent 45 percent 50 percent 2. Delete Rear Yard Coverage Limits: Section 27.22.020(3)(d), Accessory Use Restrictions, "Accessory buildings shall not cover more than 25 percent of any rear yard in R zones." 3. Amend the definition of lot coverage: Section 27.37.010(125) Lot Coverage "The total area of a lot covered by principle and accessory buildings or structures including any area occupied by eaves, overhangs or roofs and anv attachment to a building or structure but excluding open decks less than 30 inches in height (measured from grade to the top of the platform)." 4. Amend the definition of structure: Section 27.37.010(230) Structure "... Not included are ... in height, driveways, sidewalks, patios and other at grade improvements: retaining walls, ..." KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF MEETING APRIL 9, 2002 CALL TO ORDER AND ROLL 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: Ron Van Natta, Mark Brechel, Jim Atkinson, Bonnie Spooner, Bill Rice, Sue Ellyn Anderson and Jean Johnson. Narda Wilson represented the Tri-City Planning Office. There were approximately 3 people in the audience. APPROVAL OF MINUTES Atkinson moved and Johnson seconded to approve the minutes of the Kalispell City Planning Board meeting of March 12, 2002, as submitted. A correction was noted to the name Rigosovitch, which was changed to Radosevich. On a vote by acclamation the motion passed unanimously. CITY OF KALISPELL A request by the City of Kalispell for amendments to the ZONING TEXT Kalispell Zoning Ordinance amending the lot coverage AMENDMENT calculation and limits in some residential zoning districts. STAFF REPORT Narda Wilson, of the Tri-City Planning Office, gave a #KZTA-02-1 presentation of staff report KZTA-02-1, a request for amendment to the Kalispell Zoning Ordinance. Wilson explained that as a result of problems that had arisen relating to lot coverage, particularly in the Glacier Village Greens area, the City of Kalispell was requesting to amend lot coverage limits and to clarify how lot coverage was calculated. Wilson reviewed the proposed amendment and the statutory criteria, encouraging the compact use of land without overcrowding it. Staff recommended adoption of the findings of fact and proposed amendments as outlined in Exhibit A. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. PUBLIC COMMENT Tom Denham, 37 E. Nicklaus, spoke in favor of the proposal. He stated he was building a home in Village Greens and had to cut back on his garage size, which made it hard to squeeze in his golf cart. Denham said that if this passes it would help future people and be consistent with the County. Don Peterson, 113 Village Greens, said people want larger homes, smaller lots, less yard work and he was here to speak in favor of it. Mark Owens, 985 Stillwater Rd., said he viewed the increase Kalispell City Planning Board Minutes of the meeting of April 9, 2002 as an advantage to potential buyers. He said they worked hard to resolve their conflicts and urged the board to be in favor of the proposal and work with them. No one else wished to speak and the public hearing was closed. MOTION Atkinson moved and Johnson seconded to adopt staff report =A-02-1 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the proposed amendments be adopted as outlined in Exhibit A. BOARD DISCUSSION Atkinson asked about the provision for "granny cottages". Wilson stated there was a provision for an accessory dwelling, which is restricted to the R4 zone. She said lot coverage limits would apply to that and other fairly specific restrictions of accessory dwellings. Atkinson stated he was in favor of the proposed amendment. He said it was important in the long run to look at higher densities and thought this type of action would help that. Brechel agreed with Atkinson and asked Wilson if there was a conflict with the covenants. Wilson explained that when they buy into Village Greens they buy into covenants and agree they will abide by them. She added that if there were different regulations it would revert to which ever is more restrictive. Spooner asked if any current residents were complaining and Wilson explained that not all residents were noticed. She added that if they were to come in and ask for an addition they would now have more flexibility to do that. She said there were no exclusions to current property owners. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS No old business was reported. NEW BUSINESS Discussion of Kalispell Growth Policy Plan. Wilson reviewed a letter from the City of Kalispell to the Attorney General's office requesting their opinion on questions that dealt with the Growth Policy Plan. A copy of the letter was passed to each board member. She said they were anticipating a response by or before June 3rd and suggested they wait for the Attorney General's opinion before doing any work with the Growth Policy Plan. She added that the City would still like to reach an agreement with the County on defining extra -territorial boundaries. Kalispell City Planning Board Minutes of the meeting of April 9, 2002 CITY OF KALISEPLL ZONING TEXT AMENDMENTS TO LOT COVERAGE TRI-CITY PLANNING OFFICE STAFF REPORT #KZTA-02-1 APRIL 2, 2002 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 -County Planning Board for April 9, 2002 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 Glacier Village Greens area, the City of Kalispell is requesting amendments to the Kalispell Zoning Ordinance to amend lot coverage limits and to clarify how lot coverage is calculated. A. Petitioner: P.J. Sorensen, Zoning Administrator City of Kalispell P.O. Box 1997 Kalispell, MT 59903-1007 (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 single family residential and two family residential zoning districts inside the city limits of Kalispell. C. Proposed Amendments: This is a proposal to amend various sections of the Kalispell Zoning Ordinance dealing with lot coverage limits and amending the lot coverage limits in some residential zoning districts. These amendments would increase the allowable lot coverage in most of the residential zoning districts by five percent, will clarify that decks less than 30 inches in height will not be included in the lot coverage limits and eliminating the 25 percent lot coverage limits in rear yards of the R zones. The proposed amendments could potentially affect properties located in the R-1, Suburban Residential; R-2, Single Family Residential; R-3, Urban Single Family Residential; R-4, Two Family Residential; RA-1, Low Density Residential Apartment and R-2, High Density Residential Apartment zoning districts in the Kalispell city limits. The proposed changes to the lot coverage limits would be as follows: ZQNE PRECRNT COVERAGE PROPOSED COVERA�. R-1 Suburban Residential 30 percent 35 percent R-2 Single Family Residential 30 percent 35 percent R-3 Urban Single Family Residential 35 percent 40 percent R-4 Two -Family Residential 40 percent 45 percent RA-1 Low -Density Residential Apartment 40 percent 45 percent RA-2 High -Density Residential Apartment 45 percent 50 percent Other sections relating to lot coverage and how lot coverage is calculated has also been included in the amendments to provide greater consistency and clarity and to address problematic situations. Section 27.22.020(3)(d), Accessory Use Restrictions, would be deleted, which states "Accessory buildings shall not cover more than 25 percent of any rear yard in R zones." This situation has posed problems when the property owners have come in to construct an accessory building, typically a garage or shop, in the rear of the property and the residence is located near the center or to the rear of the property. The definition of lot coverage would also be amended to specifically include any area under the roof, eaves and overhangs; but to exclude open decks less than 30 inches in height. The definition of structure would also be amended to specifically exclude at grade improvements such as driveways, sidewalks and patios. D. Staff Discussion: The intent of these amendments is to provide greater consistency between how the City of Kalispell and Flathead County calculate lot cover and to provide flexibility in building design by allowing an increase in lot coverage. The increase in lot coverage in these zones allows a generally moderate increase in the allowable square footage on properties in these zoning districts. For example, the R-3 zoning district has a 7,000 square foot minimum lot size requirement and would be allowed an addition 350 square feet of coverage; R-4 has a minimum lot size requirement of 6,000 square feet and would gain an additional 300 square feet of lot coverage. As previously mentioned this issue arose when a property owner in the Glacier Village Greens development submitted plans for an approximately 2,200 square foot house that included an oversized double car garage and an open deck. Lot coverage also includes the area under the eaves and overhang so the square footage increased. Additionally, the open deck area was also included in the lot coverage calculations. As you know, Glacier Village Greens was recently annexed into the city of Kalispell and given a zoning designation of R-4, Two Family Residential. This City zoning designation was similar to the previous County zoning designation of R-5, Two Family Residential. The lot coverage limits in both the City R-4 zoning district and the County R-5 zoning district is 40 percent. Lots that are located on the fairway in Glacier Village Greens are limited to one-story buildings. Further complicating the situation is the fact that when these lots were in the County zoning jurisdiction, open decks less than three feet in height were not counted as part of the lot coverage. Once these lots were under the City zoning jurisdiction, the open decks were counted, thereby further reducing the allowable building area within the site. E Over the past several decades the size of single family homes as been steadily increasing and lot sizes have been decreasing. The National Association of Home Builders reports that in 1998, the average square footage of a new single- family home was 2,000 square feet. That's up from 1,810 square feet in 1990 and 1,655 square feet in 1978. However, the lots are getting smaller. The 1998 median lot size was 8,800 square feet, compared with 10,000 square feet in 1990. Home size, however, may be nearing the saturation point. Home size increased significantly from 1970 to 1999. The average size of new, single- family homes grew from 1,500 to 2,225 square feet. Researchers believe the average size will level off around 2,300 square feet. That's because family size is falling. Lots also are getting smaller — about 9,000 square feet on average. This trend is particularly true for some of the homes in the Glacier Village Greens development. This development started as a mobile home subdivision, then started having more site built homes in the development. As more site built homes started to be constructed, the homes started getting bigger and there was a greater demand for townhouse lots. There were several factors that prompted this text amendment to be initiated by the City. Lot coverage in the County, Whitefish and Columbia Falls is being calculated differently than in Kalispell, since none of the other jurisdictions included open decks less than three feet in height as a building or structure and hence was not included in lot coverage. There is a strong feeling by the planning office staff that these types of basic methods of calculation should be consistent between the jurisdictions and that when property is annexed from the County to the City, the regulations should be generally consistent with regard to this type of building limitation. Additionally, there is a recognition that homes are getting large and lots are getting smaller, creating problems in some limited situations. Furthermore, the City decided to take the lead on the text amendment to specifically address the problems in Glacier Village Greens as a gesture of good will to bring the City and County lot coverage regulations into greater consistency and to provide them with greater flexibility and density potential. 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 City -County Master Plan 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 master plan encourages compact efficient use of land. This amendment is in substantial compliance with the goals and policies of the master plan to provide for compact and efficient development in some of the residential areas of the planning jurisdiction. 3 'I r- -• - -• •r- rs FMr-r RON-• •r•- •r r r- 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 affected. 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. . - - . - - . r . • • - . • n • - . - r - MWET"MrSOMMMM. 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. �. .Ina r NO 41WO I a 141- • WAR IMSTUVA • M OTWO - •Drum- MIT Wrers . 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. 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 on -site parking. 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 2 located. Some properties not previously eligible to construct an open deck may decide to do so, otherwise 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 area well established and would be somewhat limited in most situations. 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 neighborhood. 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. Staff recommends that the Kalispell City Planning Board adopt staff report #KZTA- 02-1 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. W EXHIBIT A CITY OF B:ALISPELL PROPOSED ZONING AMENDMENTS LOT COVERAGE AND DEFINITIONS LQN PRESENT COVFRA . - PROPOR -D (OVF-RAISR R-1 Suburban Residential 30 percent 35 percent R-2 Single Family Residential 30 percent 35 percent R-3 Urban Single Family Residential 35 percent 40 percent R-4 Two -Family Residential 40 percent 45 percent RA-1 Low -Density Residential Apartment 40 percent 45 percent RA-2 High -Density Residential Apartment 45 percent 50 percent 2. Delete Rear Yard Coverage Limits: Section 27.22.020(3)(d), Accessory Use Restrictions, "Accessory buildings shall not cover more than 25 percent of any rear yard in R zones." 3. Amend the definition of lot coverage: Section 27.37.010(125) Lot Coverage "The total area of a lot covered by principle and accessory buildings or structures including any area occupied by eaves nverhangs or roofs and any attachment to a building or structure but excluding open decks lees than 30 inches in height (measured from grade to the tun of the platform)." 4. Amend the definition of structure: Section 27.37.010(230) Structure "... Not included are ... in height, driveways, sidewalk,- patios and other at grade imprnvements- retaining walls, ..." 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 1. NAME OF APPLICANT: 2. MAIL ADDRESS: PO 130x I ` -f 7 3. CITY/STATE/ZIP: 55PHONE: %SS 7700 4. INTEREST IN PROPERTY: IV14 5. ZONING MAP AMENDMENT: ZONING TEXT AMENDMENT: x 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? See a'�u 1T e r.L IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP, PLEASE COMPLETE THE FOLLOWING: A. Address of the property: B. Legal Description: (Lot and Block of Subdivision; Tract #) (Section, Township, Range) (Attach sheet for metes and bounds) C. The present zoning of the above property is: D. The proposed zoning of the above property is: E. 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 Master B. Lessening congestion in the streets and providing safe access C. Promoting safety from fire, panic and other dangers D. Promoting the public interest, health, comfort, convenience, safety and general welfare E. Preventing the overcrowding of land F. Avoiding undue concentration of population G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities H. Giving reasonable consideration to the character of the district I. 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. (Applicant) (Date) 3 (1) Reestablish the permitted lot coverage for following zones to the percentage indicated: R-1 (35%), R-2 (35%), R-3 (409/6), R-4 (45%), RA-1 (45%), and RA-2 (50%); (2) Delete Section 27.22.020(3)(d), which relates to accessory structures, and currently provides for a 25% maximum coverage of rear yards in R zones, and renumber accordingly; (4) Amend the definition of "Lot Coverage" to read: "The total area of a lot covered by principal and accessory buildings and structures, including any area covered by decks, eaves, and any attachment to such buildings or structures provided, however, that decks thirty (30) inches or less in height (measured from Grade to the ton of the nlatform) and not covered by a roof shall not be included in the lot coverage calculation." (5) Amend the definition of "Structure" as follows: " ... including, but not limited to signs and decks, provided, however, that decks thirty (30) inches or less in height (measured from grade to the ton of the platform) and not covered by a roof shall not be considered structures. Not included are ... in height. Concrete, asphalt, or similar improvements on grade (e.g. driveways sidewalks and patios) are not considered structures under this definition." Duane Bitney 116 W. Nicklaus Kalispell, MT 59901 March 4, 2002 Narda Wilson Tri City Planning Office 17 2nd Street East Kalispell, MT 59901 Dear Mrs. Wilson, This letter is in support of a tent amendment to the zoning regulations for the City of Kalispell. The first amendment is to change the lot coverage for R 4 from 40% to 45%. The second amendment is to exclude from lot coverage an uncovered deck if it is less than 36 inches in height above the ground. Thank you. Yours truly, Duane Bitney o'�� K4L, No. 5606 NOTICE OF PUBLIC HEARING `KALISPELL CITY PLANNING BOARD AND ZONING COM- MISSION ,Kalispell Zoning Ordi- nance Amendments Re- lating to Lot Coverage Wmits .The regular meeting of ..the Kalispell City Plan- ning Board and Zoning .Commission is ached - tiled for Tuesday, April -9. 2002 beginning at 7:00 PM in the Kalispell .City Council Chambers, Kalispell City Hall, 312 First Avenue East, Ka- lispell. During the regu- larly scheduled meeting of the planning board, the board will hold a public hearing and take public comments on the following agenda item. The board will make a -recommendation to the 'Kalispell City Council Who will take final ac- tion. A. A request by the ,City of Kalispell for .'amendments to the Ka- r116pell Zoning Ordinance amending the lot cover- age limits in some resi- dential zoning districts. These amendments would increase the al- lowable lot coverage in most of the residential zoning districts by five percent, will clarify that decks less than 30 in- ches in height will not tle included in the lot 0overage limits and eliminating the 25 per- cent lot coverage limits .In rear yards of the R zones. The proposed .amendments could po- in the R-1, Sub - Residential; R-2, Family Residen- 3. Urban Sincle RA-1, Low Density Res- idential Apartment and R-2, High Density Resi- dential Apartment zon- ing districts in the Kalis- pell city limits. Documents pertaining Ito this agenda item are .on file for public inspec- don at the Tri-City Plan- ning Office, 17 Second Street East, Suite 211, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are .encouraged to attend the hearing and make their views and con- cerns known to the Board- Written com- ments may be submit- ted to the Tri-City Plan- ning Office at the above address, prior to the date of the hearing, or contact Nance Wilson, Senior Planner, at (406) 751-1850 for additional information- /sFFhomas R- Jentz Thomas R. Jentz Planning Director March 24, 2002 NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION Kalispell Zoning Ordinance Amendments Relating to Lot Coverage Limits The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, April 9, 2002 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During the regularly scheduled meeting of the planning board, the board will hold a public hearing and take public comments on the following agenda item. The board will make a recommendation to the Kalispell City Council who will take final action. 1. A request by the City of Kalispell for amendments to the Kalispell Zoning Ordinance amending the lot coverage limits in some residential zoning districts. These amendments would increase the allowable lot coverage in most of the residential zoning districts by five percent, will clarify that decks less than 30 inches in height will not be included in the lot coverage limits and eliminating the 25 percent lot coverage limits in rear yards of the R zones. The proposed amendments could potentially affect properties located in the R-1, Suburban Residential; R-2, Single Family Residential; R-3, Urban Single Family Residential; R-4, Two Family Residential; RA-1, Low Density Residential Apartment and R-2, High Density Residential Apartment zoning districts in the Kalispell city limits. Documents pertaining to this agenda item are on file for public inspection at the Tri- City Planning Office, 17 Second Street East, Suite 211, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. Written comments may be submitted to the Tri-City Planning Office at the above address, prior to the date of the hearing, or contact Narda Wilson, Senior Planner, at (406) 751-1850 for additional information. Thomas R. Jentz Planning Director