05. Resolution 4158 - Intent to Annex Grandview Addn1 Jill
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723 5th Avenue East - Room 414
Kalispell, Montana 59901
July 15, 1994
Phone: (406) 758-5780
Bruce Williams, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Recommendation of Zoning for Grandview Addition 256
Dear Bruce:
The Kalispell City -County Planning Board and Zoning Commission met on July 12,
1994, and held a public hearing on the following agenda item:
City of Kalispell initiated annexation with an initial zoning classification of
RA-1, Low Density Residential Apartment. The properties contain 88.9 acres.
The site is bounded on the east by Grandview Drive, on the west by US
Highway 93, on the north by Parkview Terrace Subdivision, and on the
south by Heritage Way and Sunnyview Lane. The property primarily has
access onto US Highway 93 and Grandview Drive. The property is
specifically described in Exhibit B attached to FRDO report #KA-94-3.
During the public hearing, two persons spoke in favor of the requested zoning as
an appropriate transition for that area of the City. One persons spoke in
opposition, stating her property was commercial, and requested that it remain
commercial. After brief discussion, the Commission adopted FRDO Report #KA-94-3
as findings of fact, and voted 6-0 to recommend to the City Council that the
subject property be zoned RA-1 upon annexation into the City of Kalispell.
This recommendation for zoning is forwarded to the City Council for a subsequent
public hearing and final action. Please contact the Commission or the FRDO if you
have any questions.
Respectfully submitted,
SPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
ela B. Kenn dy
Vice -President
PBK/JJP/eo
Attachments: FRDO Report #KA-94-3 & Packet
Letter from Eileen Maycumber (7/10/94)
c: Mayor Doug Rauthe
F:\...\TRANS MIT\KALISPEL\KA-94-3.256
Providing Community Planning Assistance To:
o Flathead County o City of Columbia Falls a City of Kalispell o City of Whitefish e
i
FRDO CITY ZONE REPORT #KA-94-3
•4
The City of Kalispell has initiated annexation of a tract of land into the city limits
of Kalispell. This report evaluates the annexation relative to the assignment of a
City zoning classification in accordance with Section 27.03.010(4) of the Kalispell
Zoning Ordinance.
1:1 4 PJrZ*Ti9V1rX4R.,T-*1Ell
The City has initiated a zoning classification of RA-1 (Low Density Residential
Apartment). Presently, the property is zoned County RA-1 under the Flathead
County Zoning Regulations. The Kalispell Zoning Ordinance defines the intent of
the RA-1 Classification as follows:
A residential apartment district to provide areas for multi -family use
and compatible non-residential uses of medium land use intensity. it
should be served with all public utilities and be in close proximity to
municipal services and shopping districts.
City of Kalispell
312 - 1st Ave East
Kalispell, MT 59901
SIZE AND LOCATION:
The properties are roughly 88.9 acres bounded on the east by Grandview Drive, on
the west by US Highway 93, on the north by Parkview Terrace Subdivision, and on
the south by Heritage Way and Sunnyview Lane. The property is more particularly
described in Exhibit "A" (map) and Exhibit "B" (legal description).
GENERAL LAND USE CHARACTER:
The property consists of multiple parcels that are vacant and have been developed
as residential. North, the property zoned County R-1 is vacant, and property zoned
City R-3, R-4, and RA-1 have been developed as residential; east zoned County R-1
and City R-3 is vacant; to the south, zoned City H-1 and R-3, is developed with
medical and residential uses; and to the west, zoned City R-3 and R-4 with a church
and residences.
AVAILABILITY OF PUBLIC SERVICES:
City water and sewer services are available in the area. A separately prepared
"Extension of Services Plan" discusses the provision of public services to this
property.
EVALUATION BASED ON STATUTORY CRITERIA
The statutory procedure for evaluating zone changes is set forth by 76-2-303, M.C.A.
Findings of Fact for the zone change request are discussed relative to the criteria
described by 76-2-304, M.C.A.
Does The Requested Zone Comply With The Master Plan?
The subject property is within the jurisdiction of the Kalispell City -County Master
Plan. According to the map of the master plan, the property is currently
designated "High Density Residential", with a maximum density of 40 dwelling units
per acre, with some "Medical" to the southwest, and "Urban Residential" near the
highway. The existing RA-1 was was considered in compliance with the Master Plan
and the proposed RA-1 is in compliance with the Master Plan.
Does The Requested Zone Lesson Congestion in the Streets?
Congestion in the street is caused by an overburden on the street of traffic. The
zone in this case would not cause undue congestion because traffic generation is
a function of the number of dwelling units and uses that are allowed within a given
area. The City RA-1 is essentially the same as that of the County, so no greater
impact is expected under the City than the County.
Will The Requested Zone Secure Safety From Fire, Panic And Other Dangers?
Development within this zone is subject to development standards including: lot
coverage, maximum building height; and the provision of off-street parking.
Further, any development of the property is subject to review by the City's Site
Plan Review Committee, and requires the issuance of building, plumbing,
mechanical and electrical permits. These requirements and review processes help
ensure that development of the property subsequent to the zone change Is done
in a safe manner. No significant negative impact is expected.
Will The Requested Change Promote The Health And General Welfare?
The general purpose of the City's zoning ordinance is to promote the general
health and welfare and does so by implementing the City -County Master Plan. The
Master Plan would support the requested zone change. Designation of this area as
RA-1 would serve the Flathead region with additional residential development. Any
traffic generation that the proposed change allows was mitigated at the time of
development. In addition, this area has direct access to an existing major arterial.
Any impact to stormwater runoff, sewers, and water have been addressed at the
time of subdivision proposals.
2
The zoning ordinance provides a mechanism for public input and review for all
zone change requests. This process offers an opportunity to ensure that any
changes to the Official Zoning Map are done in the general public interest.
Additionally, other review mechanisms are in place to ensure that development is
in compliance with all applicable safety codes. No significant negative impact is
expected.
Will The Requested Zone Provide For Adequate Light And Air?
The development standards of the zoning ordinance and subdivision regulations
(i.e.: parking, landscaping, clear vision setback, roadway improvements) would
ensure that light and air are adequately provided. No significant negative impact
is expected.
Will The Requested Zone Change Prevent The Overcrowding of Land?
Overcrowding of land occurs when development out -paces or exceeds the
environmental or service limitations of the property. The Subdivision and Zoning
Regulations control the intensity requirements that a property can be developed
with. Adequate infrastructure is in place or can be provided at the time of
development to accommodate the land uses allowed in the requested zone. No
significant negative impact is expected.
Will The Requested Zone Avoid Undue Concentration Of People?
Concentration of people relates to the land use permitted by a particular zone.
The proposed zone change would not increase residential density in the area.
Infrastructure exists or can be provided which supports the proposed change. The
zoning ordinance covers the intensity of use that would be permitted in this zone.
An undue concentration of people would result if the property is developed at a
level which exceeds the environmental or service carrying capacity of the land
which would not happen. The proposed zoning will insure that the site is properly
developed. No significant negative impact is expected.
Will The Requested Zone Facilitate The Adequate Provision Of Transportation,
Water, Sewer, Schools, Parks And Other Public Requirements?
Additional demands would be evaluated pursuant to individual development
proposals. Because both zones are essentially the same, no significant negative
impact is expected.
Does The Requested Zone Give Consideration To The Particular Suitability Of The
Property For Particular Uses?
The subject site is well suited for uses permitted within the RA-1 zone. The
property is of adequate size and has adequate access to facilities for the type of
uses permitted in the proposed zone. No significant negative impact is expected.
3
Does The Requested Zoning Give Reasonable Consideration To The Character Of This
District?
The properties in question are well suited for the type development anticipated
under the requested zone because of the topography, access, regional location,
and size of the proposal. The County zone is essentially the same as the City zone
therefore, no significant negative impact is expected.
Would The Proposed Zoning Conserve The Value Of The Buildings?
The subject request would not significantly impact buildings. If legally constructed
buildings exist that don't meet the requirements of the new zone those buildings
would be considered non -conforming. This non -conforming status would permit
those buildings to continue as before. There are no known uses that would be
affected by this zone. A change to the RA-1 zone will not significantly impact,
erode or devalue the neighborhood beyond the type of uses that are currently
allowed. No significant negative impact is expected.
Will The Requested Zone Change Encourage The Most Appropriate Use Of The Land
Throughout The Jurisdiction?
The requested zoning classification would be consistent with the Kalispell City -
County Master Plan. The Plan and the existing permitted uses under the zoning
ordinance generally identifies this area for residential. The change would
encourage the most appropriate use of the land. No significant negative impact
is expected.
. !Z
The property is located in an area that is in a stage of transition, existing and
proposed residential and medical development are planned for the area. This zone
change would facilitate an orderly development of related uses. It is staffs' opinion
that the proposed RA-1 zone would serve the needs of the community by allowing
residential development to occur in a manner that is commensurate with the
services available to the area.
it is recommended that the Kalispell City -County Planning Board and Zoning
Commission adopt this FRDO staff report as findings of fact and forward a favorable
recommendation to City Council for the requested zone change upon annexation.
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EXHIBIT "A"
EXHIBIT "B"
That portion of Government Lots 3, 4, 5, 6. 8„ and 13 in Section 6, Township 28 Noah, Range 21 West, and
Government Lot 1 and the Southeast Quarter of the Northeast Quarter of Section 1, Township 28 North,
Range 2 West, described as follows:
Beginning at a point which bears North 45°43' 13" Fast 33.59 feet from the southwest corner of Government Lot 5 of
Section 6, Township 28 North, Range 21 West, said point being on the easterly right-of-way line of U.S. Hghway 93;
thence northwesterly along said right-of-wav line North 15°4$' 15" West 68.36 feet to the beginning of a 2784.79 foot
radius curve concave northeasterly, having a radial bearing of North 74'1633" East; thence continuing along said
easterly right-of-way line and along said curve through a central angle of 00° 12'41" an arc length of 10.28 feet to the
easterly line of that parcel described in Book 367 Page 181, records of Flathead County, Montana; thence along the
easterly line of said tract, and leaving said easterly right-of-way line of Highway 93, North 01°20'59" East 198.78 feet
to the northeast comer of said parcel; thence along the north line of said parcel, North 88°30'36" West 52.35 feet to the
easterly right-of-wav line of U.S. Highway 93; said point being on a 2784.79 foot radius curve concave northeasterly,
having a radial bearing of North 78°43' 12" East; thence along said easterly right-of-way be and along said curve
through a central angle of 11*25'44" an arc length of 555.48 feet; thence continuing along said easterly right-of-way
line, North 00°02'31" East 613.01 feet to the northwest corner of that parcel described in Book 700 Page 113, records
of Flathead County, Montana; thence two courses along the northerly line of said parcel, North 89°39'03" East 116.54
feet and North 59°19'54" East 20.09 feet to the northeasterly corner of said parcel; thence along the easterly line of said
parcel, South 01°01'00" West 113.39 feet to the south line of Park View Terrace, the plat of which is on record with the
Flathead County Clerk and Recorder, thence along the south line of said Paris View Terrace, North 89°34'38" East
105921 feet to the westerly line of that parcel described in Book 630 Page 798, records of Flathead County, Montana;
thence along the westerly line of said parcel, North 00°12'22" West 153.54 feet to a point on the southerly line of Lot
60 of Park View Terrace Addition No. 1, the plat of which is on record with the Flathead County Cleric and Recorder,
said point being on a 167.60 foot radius curve concave northwesterly having a radial bearing of North 04*5649" West;
thence along said curve through a central angle of 10°09'42" an arc length of 29.72 feet; thence along the easterly line
of said Lot 60, North 0300658" West 31.60 feet to the northerly line of that parcel described in Book 630 Page 798,
records of Flathead County, Montana; thence along the northerly Iine of said parcel, North 8904738" East 426.17 feet to
the northeasterly comer of said parcel, said point being on the westerly right-of-way line of Grandview Drive; thence
along the easterly line of said parcel and along the westerly right-of-way line of said Grandview Drive,
South 04045'56" East 190.02 feet to the northeasterly corner of that parcel described in Book 730 Page 953, records of
Flathead County, Montana; thence along the easterly line of said parcel and continuing along the westerly right-of-way
line of Grandview Drive, South 03°32'12" East 241.44 feet to the northwesterly comer of that parcel described in
Book 493 Page 866, records of Flathead County, Montana; thence along the northeasterly line of said parcel and
continuing along the southwesterly right-of-way line of said Grandview Drive, South 70112'32" East 587.55 feet to the
beginning of a 355.00 foot radius curve to the right having a radial bearing of South 19°4652" West; thence along said
curve through a central angle of 57°33'45" an arc length of 356.65 filet to the northeast corner of Ridgeview
Subdivision, the plat of which is on record with the Flathead County Clerk and Recorder; thence continuing along said
southwesterly right-of-way line, and along the easterly boundary of said Ridgeview Subdivision, South 13°14'04" East
33734 feet to the northeast corner of the Amended Subdivision of Grandview Townhouses, the plat of which is on
record with the Flathead Countv Clerk and Recorder, said point being at the beginning of a 457.72 foot radius curve to
the right, having a radial bearing of South 76.1710" West; thence along the easterly line of the Amended Subdivision
of Grandview Townhouses and continuing along the westerly right-of-wav line of Grandview Drive, along said curve
through a central angle of 25"28'41" an arc length of 203.54 feet; thence continuing along said westerly right-of-way
line, South 11042'35" West 109.72 feet to the southeast corner of said Amended Subdivision of Grandview Townhouses;
thence leaving the westerly right-of-way line of Grandview Drive, North 89°05'39" East 5.76 feet to the northeast comer
of that parcel described in Book 592 Page 216, records of Flathead County, Montana; thence two courses along the
easterly boundary of said parcel: South 00138'37" East 229.46 feet and South 00°3641" West 113.50 feet to the
southeasterly comer of said parcel; thence along the southwesterly line of said parcel, North 77°18'29" West 46.30 feet
to the northeasterly comer of that parcel described in Document 8716013110, records of Flathead County, Montana, said