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07. Resolution 4160 - Ashley Park AnnexationJuly 14, 1994 Bruce Williams, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5780 Re: Recommendation of Zoning for Ashley Park Addition No. 258 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: Request by Dennis Carver and Gaylon Owens for annexation to the City of Kalispell with an initial zoning classification of R-4 (Two Family Residential). The parcel contains approximately 9.8 acres located on the west side of Airport Road nearly 1,000 feet sout of 18th Street. The site has access onto Airport Road. The property will also be known as Ashley Park Subdivision, Phase I. It is further described as being in the SE4NE4 and the NE4SE4 of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. During the public hearing, no one spoke either in favor or in opposition of the requested zoning classification. The Board questioned whether the property owner on the corner had been contacted to voluntarily annex. Staff replied that it was essentially an island and the City could initiate annexation. By unanimous vote, the Commission adopted FRDO Report #KA-94-5 as findings of fact, and recommend to the City Council that the subject property be zoned R-4 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, ISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION amela B. Ke eedy Vice -President PBK/JPP/eo Attachments: FRDO Report #KA-94-5 & Packet c: Mayor Doug Rauthe c w/o Att: Dennis Carver & Gaylon Owens 1995 3rd Ave East Kalispell, MT 59901 F:\...\TRANS MIT\KALISPEL\KA-94-5.258 Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • ASHLEY PARKADDITIONREQUEST i .DZONE CITY REPORTt t Dennis Carver and Gaylon Owens have petitioned the City of Kalispell for 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. PROPOSED ZONINGCLASSIFICATION The applicant has petitioned for a zoning classification of R-4 (Two Family Residential). Presently, the property is zoned Residential County R-4 under the Flathead County Comprehensive Zoning Regulations. The Kalispell Zoning Ordinance defines the intent of the R-4 Classification as follows: Aresidential district with minimum lot areas. Development within this district will require all public utilities, and all community facilities. Two family dwellings are permitted in this district. Dennis Carver and Gaylon Owens 1995 - 3rd Ave East Kalispell, MT 59901 SIZE AND LOCATION: The property is roughly 9.8 acres located approximately 1,000 feet south of 18th Street West on the west side of Airport Road. The property is also known as Ashley Park Subdivision, Phase 1 (formerly Ashley Meadows subdivision). Please see Exhibit "A" (map) and Exhibit "B" (legal description). GENERAL LAND USE CHARACTER: The property consists of a single parcel of land which is currently used for agricultural purposes. North (zoned City R-4) is being developed as South Meadows Subdivision, Ashley Creek, and Begg Park; east (zoned County 1-2 and SAG 10) is developed with the sewage treatment plant and agriculture; to the south (zoned County SAG 10) is a house and agriculture; and to the west (zoned County SAG 10) is agriculture. Airport Road is a paved two lane road which will provide access to the site. E 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. 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 "Urban Residential", with a maximum density of 8 dwelling units per acre. R-4 is considered in compliance with the Master Plan. Does The Requested Zone Lessen Congestion in the Streets? Congestion in the street is caused by an overburden on the street traffic. The zone in this case would not cause undo congestion because traffic generation is a function of the number of dwelling units that are allowed within a given area. The property is currently subdivided in a manner which precludes any further subdivisions. No additional traffic would be generated by this zoning designation. 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 Master Plan. The City's Master Plan would support the requested zone change. Designation of this area as R-4 would serve the Flathead region with additional residential development. Any traffic generation that the proposed change allows would be mitigated at the time of development. In addition, this area has direct access to an existing major arterial which would have access to the Alternate Highway 93 route. Any impact to stormwater runoff, sewers, and water would be addressed at the time of development proposals. K 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. 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 controls 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 increase residential density in the area. Infra- structure 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? The additional demands for transportation, water, and sewer will be evaluated pursuant to individual development proposals. Because of the types of uses permitted in the zone schools and parks should not be significantly impacted. No significant negative impact is expected. Does The Requested Zone Give Consideration To The Particular Suitability Of The Property For Particular Uses? The subject property is well suited for uses permitted within the R-4 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. 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 R-4 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. The property is located in an area that is in a stage of transition, existing and proposed residential development are planned for the area. This zone change would facilitate an orderly development of related uses. It is staffs' opinion that the proposed R-4 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 FRD4 staff report as findings of fact and forward a favorable recommendation to City Council for the requested zone change upon annexation. FA... 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