2. Ordinance 1437 - Initial Zoning - Willis - 2nd ReadingTri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centu rytel.n et
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Second Reading for Initial Zoning of R-4, Two Family Residential
Denver and Sunnyside Drive - Debbie Willis
MEETING DATE: October 7, 2002
BACKGROUND: This is the second reading of an ordinance establishing initial zoning
of R-4, Two Family Residential, for property located on the west side of Denver Avenue
and south of Sunnyside Drive. This matter was tabled at the September 16, 2002
regular meeting until this meeting in order to provide some clarification on the density
and roadways in the area. The Kalispell City Council approved a first reading of an
ordinance establishing zoning at the September 3, 2002 regular council meeting
concurrent with a resolution annexing the property. It contains approximately one
acre and has an existing single family home. The R-4 zoning district allows duplexes
and single-family dwellings as permitted uses. The property owner would like to create
one additional lot and will need to connect to City water and sewer in order to
accomplish this. There are no plans for immediate development of this property, once
the additional lot is created.
Because of the configuration of this parcel, i.e. a lot width of approximately 125 feet,
and the minimum lot width requirement of 50 feet in the R-4 zoning district; only one
additional lot can be created. This could ultimately mean that the one additional lot
that is being created could be developed with a single family home or duplex. The
other single family home would remain, and, in theory anyway, could be converted to
a duplex dwelling. The maximum density possible on this approximately one acre
parcel would be four dwellings.
With regard to the roadways in the area; Sunnyside Drive, Denver Avenue, Ashley
Drive and Bluestone Avenue all contain a 60 foot right of way and are constructed to
various standards. Sunnyside Drive in the city is approximately 24 feet wide from
Fifth Ave West to the Ashley Creek bridge and then it narrows down to 21 to 22 feet
wide from the bridge to Valley View, the area in the county. There are no curb, gutter
or pedestrian walkways along Sunnyside Drive. Approximately one and a half to two
years ago the County did an overlay on Valley View Drive and Sunnyside Drive to the
bridge. The bridge was upgraded around 1995 or so in conjunction with Lone Pine
'View Estates. In the summer of 1999 the Flathead County Road Department
measured 347 vehicles per day, counts typically associated with a local road.
Providing Community Planning Assistance To:
City of Kalispell • City of Columbia Falls • City of Whitefish
Willis Annexation and Initial Zoning
October 2, 2002
Page 2
Denver Avenue is a combination of a public and private road. The private portion of
the road is the north approximately 500 to 600 feet while the public portion, i.e. that
owned by the City of Kalispell is approximately 800 feet. The private portion of the
road is constructed to a County standard, i.e. no curb and gutter. The southern and
major portion of Denver Avenue is generally constructed to City standards with curb
and gutter on both sides and a sidewalk on the west side. Stratford Subdivision to
the south of Lone Pine View Estates, is developing the first phase. This includes the
connection between South Meadows Subdivision and Stratford Subdivision with the
extension of Bluestone. The will provide an alternative exit in the area by way of
Denver Avenue and has been considered an important and necessary roadway
extension in the area. The Bluestone extension will be constructed to City standards.
Ashley Drive is a County road constructed to a County standard. At maximum density
under the R-4 zoning the development of this property will have no measurable affect
on the roadways in the area.
It is noteworthy that the proposed R-4 zoning as recommended by the Kalispell
Planning Board and staff is consistent with other zoning in the area. Please review
the attached map that indicates most of the west side of Kalispell is zoned R-4 and
the R-3 zoning in Lone Pine View Estates is the island. Additionally, it seems the
zoning of this property is inappropriately being made part of the controversy
surrounding Sunnyside Subdivision. In and of itself the development of this property
will have no measurable effect on the traffic in the area or the character of the
neighborhood. A single family zoning designation on this property would allow a
density of two dwellings per acre which would result in an unreasonable and
inefficient use of land public infrastructure. Furthermore, the Kalispell City -County
Master Plan designates this area as Urban Residential and the R-4 zoning complies
with the long range development plans for this area.
The overall impacts that may result from the full and maximum build of this property
would have an insignificant impact on the traffic patterns in the area and the
neighborhood character.
RECOMMENDATION: A motion to adopt a second reading of the ordinance
establishing R-4 zoning upon annexation would be in order.
FISCAL EFFECTS: Some potential positive effects once fully developed
ALTERNATIVES: As suggested by the city council.
Willis Annexation and Initial Zoning
October 2. 2002
Page 2
Respectfully submitted,
Narda A. Wilsdn Chris A. Kukulski
Senior Planner City Manager
Report compiled: October 2, 2002
Attachments: Letter from Debbie Willis dated 9/30/02
Vicinity map and zoning
c: Theresa White, Kalispell City Clerk
H: \FRDO \TRANSMIT\KALISPEL\2002 \KA02-1 OMEM02.DOC
ORDINANCE NO. 1437
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING REAL
PROPERTY DESCRIBED AS ASSESSOR'S TRACT 7B LOCATED IN SECTION 19,
TOWNSHIP 28 NORTH, RANGE 21 WEST P.M.M., FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED COUNTY R-1, SUBURBAN RESIDENTIAL) TO CITY R-4 (TWO
FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE CITY -COUNTY MASTER
PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Debbie Willis, the owner of property described above, petitioned the City of
Kalispell that the zoning classification attached to the above described tract of land
be changed to R-4, Two Family Residential, and
WHEREAS, the property as described exists as property surrounded to the North by City R-4 and
County R-1 Zoning (single family homes), to the East by County R- I Zoning (single
family homes), to the South by County R-1 and City R-3 Zoning (single family
homes), and to the West by City R-4 Zoning (undeveloped and single family homes),
and
WHEREAS, the petition of Debbie Willis was the subject of a report compiled by the Tri-City
Planning Office, #KA-02-10, dated August 1, 2002, in which the Tri-City Planning
Office evaluated the petition and recommended that the property as described above
be zoned R-4, Two Family Residential, as requested by the petition, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission adopted the TCPO report
and recommended the property as described be zoned R-4, Two Family Residential,
and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-4, Two Family Residential, the City Council adopts, based upon the
criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of Countv
Commissioners, Etc. 590 P2d 602, the findings of fact of TCPO as set forth in Report
No. KA-02-10.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELLAS FOLLOWS:
SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance #1175) is hereby amended by designating the property
described above as R-4, Two Family Residential.
SECTION H. The balance of Section 27.02.010, Official Zoning Map, City of
Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect.
SECTION III. This Ordinance shall be effective thirty (30) days from and after the
date of its final passage and approval by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND
SIGNED BY THE MAYOR THIS 7TH DAY OF OCTOBER, 2002.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
Debbie R. Willis
940 Sunnyside Drive, Kalispell, Mt 59901
Home (406) 257-7958 Cell (406) 250-5708 Fax (406) 752-3784
willisdebbie@hotmail.com
September 30, 2002
Tri-City Planning Office
Attn: Narda Wilson
Dear Narda,
I won't be able to make the Kalispell City Council meeting on October 7th
because I91 be working at the Whitefish City Council meeting that same
evening. Would you please submit this letter and accompanying map to each
council member and read this letter on my behalf at the meeting. Thank you so
much for all of your dedication and hard work, Debbie
Honorable Mayor and City Council;
Thank you for taking the time to serve this community and for your
commitment. I have seen the responsibility you have of making the tough
decisions that face you as a public body and I appreciate your efforts and the
service you provide.
I believe the decision before you, annexation and initial zoning of my acre lot at
940 Sunnyside Drive, is not one of those tough decisions. I think it has been
lumped in with another tough decision, but on it's own it doesn't share the
same impact or neighborhood concerns. If this hadn't come before you at the
time it did, alongside a very controversial development, I think it would have
been an easy decision.
I am asking you to take a closer look at my request for an R-4 initial zoning
designation and I have several reasons why I think it is appropriate. I have
included a zoning map of the surrounding area for your convenience.
Two blocks away from me, to the northeast, is R-4. Two blocks away. Although
this zoning designation allows for duplex lots very few duplexes are actually
built. And very few duplexes currently exist. The ones that do exist are
sporadic and well suited to the area.
Adjacent to me, to the north, is R-4. I realize this is a controversial issue,
however, due to the Attorney General's opinion to allow some, but not all, zone
changes to proceed I ask you not to lump me into that tough decision and
consider mine the separate issue it is. I am not building a subdivision with 30
townhouses. Just south of me and one lot over is R-3 and three blocks south of
that is R-4. Three blocks. Please look at the bigger picture. Everything to the
southeast and northeast of me is R-4. There are little pockets of R-1, but they
are no longer conforming. I think it is appropriate to allow growth where city
services are available.
Consider the facts: One 1/2 acre lot with a paved, city -owned road that allows
for traffic to exit 3 different ways. The zoning conforms to the surrounding
neighborhoods. Available city services are at the front end of the property. If a
duplex goes in figure a total of 4 to 6 added car trips per day to a road that
could handle 10 times that, at least. The location is lovely for a home or duplex
and if you have taken the time to drive by the area you saw just how lovely it is.
I do not know what will be built on my 1/2 acre lot once it is subdivided. I may
decide to build a single-family home, I may decide to sell it to someone who
builds a single-family home. I may sell it along with my house and the new
owner may not want anything on that property. However, I don't see any
reason to limit it's potential. It is an appropriate, logical place for the city of
Kalispell to grow to.
Thank you for your consideration.
Debbie Willis
ON