11. Ordinance 1391 - Zone Change - Mohrenweiser - 2nd ReadingTri-City Planning Office
17 Second Street East —Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
tricitygcenturvtel. n et
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT: Second Reading on Mohrenweiser Zone Change R-3 to RA-3 -
Meridian Road / Highway 93
MEETING DATE: August 20, 2001
BACKGROUND: On a vote of five in favor and four opposed, the council approved the
first reading of the zone change from R-3, Residential, to RA-3, Residential Apartment /
Office at their August 6, 2001 regular meeting. The properties proposed for rezoning
are located east of North Meridian Road, west of Highway 93 and north of Underhill
Street. The properties contain approximately 2.91 acres that are currently
undeveloped.
As stated in the last memo to the council regarding this matter, the North Meridian
Neighborhood Plan designates this area as High Density Residential on the land use
map. The same property owner attempted to rezone this property from R-3 to RA-1 in
1995 and it was denied. The only residential apartment zoning in the area in 1995
was the Meridian Point Apartments to the west that were zoned RA-1. In 1995, the
staff recommended approval of the zone change request from R-3 to RA-1 based on
the recently adopted neighborhood plan designation of High Density Residential and
other RA-1 zoning in the area. However, in response to public opposition and based
on findings that there were problems with the existing apartments, access and
topography, the planning board and city council denied the zone change request.
Since that time many of the properties along Meridian Road have been rezoned from
R-3 to RA-3.
The Kalispell City -County Planning Board held a public hearing at their regular
meeting of July 10, 2001. Three people from the neighborhood to the south of this
property spoke in opposition to the zone change request citing problems with the
existing apartments building to the west, traffic and topography.
A motion was made and passed on a vote of six in favor and one opposed to forward a
recommendation to the city council that the zone change from R-3 to RA-3 be granted.
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls
Mohrenweiser Zone Change R-3 to RA-3
Page 2
RECOMMENDATION: A motion to adopt the second reading of the ordinance to
amend the zoning from R-3 to RA-3 may be in order. If a majority of the council
determine that the zoning should be denied on the second reading, findings of fact
should be made citing the reasons for denial.
FISCAL EFFECTS: Minor positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
2yet, t. C "� d 'Oxoo
Narda A. Wilson Chris A. Kukulski
Senior Planner City Manager
Report compiled: August 15, 2001
c: Theresa White, Kalispell City Clerk
H:\FRDO\TRANSMIT\KALISPEL\2001 \KZCO 1-2MEM02.DOC
ORDINANCE NO. 1391
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
CERTAIN REAL PROPERTY DESCRIBED AS ASSESSOR'S TRACTS 6B AND 6BSAAA
IN GOVERNMENT LOT 1, SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R-3,
RESIDENTIAL) TO CITY RA-3 (RESIDENTIAL APARTMENT/OFFICE), IN
ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN
EFFECTIVE DATE.
WHEREAS, Richard and Judith Mohrenweiser, the owners of property
described above, petitioned the City of Kalispell that
the zoning classification attached to the above described
tracts of land be changed to RA-3, Residential
Apartment/Office, and
WHEREAS, the property as described exists as property surrounded
to the North by single family homes and small business,
R-3 classification, to the East by Hwy. 93, church,
single family homes, R-3 and H-1 classifications, to the
South by single family homes, R-4 classification, and to
the West by single family homes and offices, R-3 and R-5
classification, and
WHEREAS, the petition of Richard and Judith Mohrenweiser was the
subject of a report compiled by the Flathead Regional
Development Office, #KZC-01-2, dated July 3, 2001, in
which the Flathead Regional Development Office evaluated
the petition and recommended that the property as
described above be zoned RA-3, Residential Apartment/
Office as requested by the petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission adopted the FRDO report and recommended the
property as described be zoned RA-3, Residential
Apartment/Office, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described RA-3,
Residential Apartment/Office, the City Council 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 FRDO as set
forth in Report No. KZC-01-2.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. Section 27.02.010, of the Official Zoning Map
of the Kalispell Zoning Ordinance, (Ordinance No. 1175)
is hereby amended by designating the property described
as Assessor's Tracts 6B and 6BSAAA in Government Lot 1,
Section 7 as RA-3, Residential Apartment/Office.
SECTION II. 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 2ND DAY OF AUGUST, 2001.
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
August 15, 2001
Kalispell City Council
City Hall
Kalispell, Mt.
Re:Mohrenweiser Zone Change Request
Dear Councilmen, Mayor, and City Manager:
At the last meeting on August 6th, Councilmen Leistiko and
Atkinson had some questions regarding alleys, streets, and
service by the fire department. Mr. Brodehl, our Fire Chief,
said he didn't have time to fully respond when asked if a 30 foot
road was wide enough for fire trucks to get by on. I have
attached a copy of a letter from him explaining widths, etc., and
it seems that 30' is sufficient.
Most alleys in town vary as to usable width. The alley
behind City Hall is 22 feet between buildings, but the power
poles take another 5 feet off of that figure. The alley behind
my office building between 2nd & 3rd Ave. Is 17 feet, but the
paving is only 12 feet.
Streets and avenues also vary from 30 feet wide, curb to
curb, to 33 feet to 35 feet. Some streets I measured were only
paved 22 to 23 feet wide.
It appears that the strip of land going to Meridian is
sufficient for a private street that will satisfy the fire
department.
If I may point out, there was a mailing of 33 notices of the
proposed zone change that would affect adjacent property owners:
10 of these are across Hwy 93 N; 11 in Underhill & Cameron
subdivisions, 8 along Meridian, 2 AT&T Cable properties, 1 City
of Kalispell, and 1 to me. At the meeting, there were only two
people who protested the change, Keith & Ann Robinson, who live
at the same address on Arizona Street.
I hope this helps clarify the street questions.
r
Kalispell Fire/Ambulance Dept.
336 1 st Ave. East • P.O. Box 1997
Kalispell, MT 59903-1997
Dick Mohrenweiser
PO Box 1816
Kalispell, MT 59903
Re: Necessary width for fire access
8/10/01
Dear Mr. Mohrenweiser,
-ui r
• _�I.
Telephone 406-758-7764
Fax 406-758-7758
In reply to your request regarding the width of our ladder truck and fire engines, and the street
width needed for fire access, I can provide the following information:
Our ladder truck, when set up with outriggers in place is 14 feet wide. In addition, we assume a
need for working area around the vehicle of 2 feet on each side for hoses and personnel, making
a total needed width of 20 feet for the ladder truck.
Our engines are about 8 feet wide, and we need clearance, to maneuver, requiring at least 10 feet.
When responding to a structure fire, we will send an engine, a ladder truck, and a second engine.
Because of the pattern of response, we may need to have the second engine proceed past the
ladder truck after it is set up. Using the above numbers, we require a minimum width of 30 feet
to operate apparatus on a street.
While this letter addresses vehicle widths and needs, it does not address city codes and
ordinances regarding street widths. Please contact City Public Works for that information at
758-7720.
Randy Brodehl, Fire Chief
PETITION AGAINST REZONING 613 AAA and 6B
We,The undersigned are in protest to the property known as 61315AAA and 6B
requesting to be rezoned from R3 to RA3 which is what Meridian is zoned. We are R3
and this property butts this neighborhood and is 690 ft down a lane from Meridian.
Access to this property from Underhill Court will be a traffic hazard.
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PETITION AGAINST REZONING 6aAAA and 6B
We,The undersigned are in protest to the property known as 6136AAA and 6B
requesting to be rezoned from R3 to RA3 which is what Meridian is zoned. We are R3
and this property butts this neighborhood and is 690 ft down a lane from Meridian.
Access to this property from Underhill Court will be a traffic hazard.
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PETITION AGAINST REZONING 613SAAA and 6B
We,The undersigned are in protest to the property known as 6B-TAAA and 6B
requesting to be rezoned from R3 to RA3 which is what Meridian is zoned. We are R3
and this property butts this neighborhood and is 690 ft down a lane from Meridian.
Access to this property from Underhill Court will be a traffic hazard.
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We,The undersigned are in protest to the property known as 6135AAA and 6B
requesting to be rezoned from R3 to RA3 which is what Meridian is zoned. We are R3
and this property butts this neighborhood and is 690 ft down a lane from Meridian.
Access to this property from Underhill Court will be a traffic hazard.
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PETITION AGAINST REZONING 613*4AA and 6B
We,The undersigned are in protest to the property known as 6136AAA and 6B
requesting to be rezoned from R3 to RA3 which is what Meridian is zoned. We are R3
and this property butts this neighborhood and is 690 ft down a lane from Meridian.
Access to this property from Underhill Court will be a traffic hazard.
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PETITION AGAINST REZONING 6135AAA and 6B
We,The undersigned are in protest to the property known as 6135AAA and 6B
requesting to be rezoned from R3 to RA3 which is what Meridian is zoned. We are R3
and this property butts this neighborhood and is 690 ft down a lane from Meridian.
Accf-ss to this property from Underhill Court will be a traffic hazard.
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