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.
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