03. Ordinance 1217 - Pack Zone Change - 1st ReadingAN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
PROPERTIES LOCATED ON THE SOUTH SIDE OF TWO MILE DRIVE
APPROXIMATELY 1/2 MILE WEST OF MERIDIAN ROAD (PREVIOUSLY ZONED RA-
1, LOW DENSITY RESIDENTIAL APARTMENT), RA-2, HIGH DENSITY
RESIDENTIAL APARTMENT, IN ACCORDANCE WITH THE CITY -COUNTY MASTER
PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Ronnie and Margaret Pack, the owners of properties
located on the South side of Two Mile Drive approximately 1/2 mile
west of Meridian Road, as shown in Exhibit "A" attached hereto and
therefore made a part hereof, petitioned the City of Kalispell that
the zoning classification attached to the above described tract of
land be changed to RA-2, High Density Residential Apartment, and
WHEREAS, the properties as shown in Exhibit "A" exist as
property surrounded to the north by City R-4, RA-1, B-3 and County
R-1 classifications, to the west by City R-4 and County R-1
classifications, and to the south and east by City B-2 and B-3
classifications, and
WHEREAS, the petition of Ronnie and Margaret Pack was the
subject of a report compiled by the Flathead Regional Development
Office, #KZC-94-04, dated December 29, 1994, in which the Flathead
Regional Development Office evaluated the petition and recommended
that the properties as shown in Exhibit "A" be rezoned RA-2, High
Density Residential Apartment, as requested by the petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report making no recommendation as to whether
the properties as shown in Exhibit "A" be zoned RA-2, High Density
Residential Apartment, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the properties as shown in Exhibit "A" RA-2, High
Density Residential Apartment, the City Council makes the following
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:
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 designated as "High
Density Residential". The designation indicates a
maximum density of 40 dwelling units per gross acre.
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Is the Requested Zone Designed to Lessen Congestion in
the Streets to Facilitate the Adeguate Provision of
Transportation, Water, Sewer, Schools, Parks and Other
Public Requirements?
Congestion in the street and inadequate transportation is
caused by an overburden of the system by a variety of
traffic types. The zone in this case would not
overburden the system because traffic generation is a
function of the number of dwelling units and uses that
are allowed within a given area; the density of
development is anticipated under the Master Plan. In
addition, Two Mile Drive is considered a Collector street
by the Master Plan and Corporate Way is proposed to be
upgraded to handle commercial traffic flows to U. S.
Highway 2 which are expected to handle the increase in
traffic.
The most significant impacts to development of this area
will be the construction of the U. S. Highway 93 Bypass
and the requirement to obtain a 404 permit to cross
Ashley Creek. As can be seen on the attached Vicinity
Map the bypass alignment is proposed to bisect Parcel 6K.
This will become significant at the time of development
more than at this time. Ashley Creek crosses the
property near the north end of the area of the request.
In order to obtain secondary access this crossing would
need to be accomplished. Additionally, Corporate Way
will be required to be extended north and to the west to
connect with the easement along the south boundary of
Greenbriar Subdivision.
A change of zone will allow a greater density of
development to occur. However, the area is being served
or can be served by urban infrastructure including:
municipal street, parks, fire, and police departments,
and sewer -water and other utilities. Any development of
this site will require further City review, whether in
the form of a conditional use permit, subdivision review,
building permits, and/or Site Plan Committee review.
Impacts from specific development will be addressed at
the time of the request.
Will the Requested Zone Secure Safety From Fire, Panic
and Other Dangers?
Development within the RA-2 zone is subject to certain
standards including 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 City building, plumbing, and mechanical and
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State 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.
In addition, this type of development activity is
anticipated at this location per the Master Plan.
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 City -
County Master Plan supports the requested zone change.
The requested zone would not intrude on the health or
general welfare of this particular neighborhood and, in
fact, would promote the health and general welfare of the
City by providing an area for high density development to
occur as provided for in the Master Plan. The
surrounding uses would be considered compatible with the
proposed zoning classification.
Will the Requested Zone Provide for Adequate Light and
Air?
The parking, landscaping and clear vision setback
requirements of the zoning ordinance, subdivision
regulations, and review by the Site Review Committee
would ensure that light and air are adequately provided.
Will the Requested Zone Change Prevent the Overcrowding
of Land?
Overcrowding of land can occur when development out -paces
or exceeds the environmental or service limitations of
the property. Adequate infrastructure is in place or can
be provided to accommodate the land uses allowed in the
requested zone.
Will the Requested Zone Avoid Undue Concentration of
People?
Concentration of people is a function of land use.
Residential development will certainly occur on this site
whether or not the zone change is approved. The uses
associated with the RA-2 zone are anticipated for the
concentration of people expected and should not create an
undue hardship on the neighborhood.
Does the Requested Zone Give Consideration to the
Particular Suitability of the Property for Particular
Uses?
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The subject site is considered well suited for uses
permitted within the RA-2 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.
Does the Requested Zoning Give Reasonable Consideration
to the Character of This District?
The properties in question are well suited for the type
development and anticipated under the Master Plan for
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. There are no known uses that would be
affected by this zone. A change to the RA-2 zone will
not significantly impact, erode or devalue the
neighborhood beyond the type of uses that are currently
allowed to exist. 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 is consistent with
the Kalispell City -County Master Plan. The Plan
specifically identifies this area for high density
residential uses. The area consists of residential and
commercial uses and that is what is permitted in the
requested zone. The proposed zone change would be the
most appropriate use of the land.
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 #1175) is
hereby amended by designating the properties as shown in
Exhibit "A", attached hereto and therefore made a part
hereof, as RA-2, High Density Residential Apartment.
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.
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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 AND MAYOR OF THE CITY OF
KALISPELL THIS DAY OF , 1995.
ATTEST:
Debbie Gifford, CMC
Clerk of Council
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Douglas D. Rauthe, Mayor
F.G. DA, CA
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Flathead Regional Development Office
s:i 414
Montana 59901
Phone: (406) 758-5780
Fax: (406) 758-5781
February 2, 1995
Bruce Williams, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Re: Pack Zone Change - RA-1 to RA-2
Dear Bruce:
The Kalispell City -County Planning Board, acting as the Zoning Commission, met
on January 10, 1995 and held a public hearing on the following agenda item:
A request by Ron and Margaret Pack and Colin and Kathleen Andrews for
a change in zone from RA-1 (Low Density Residential Apartment) to RA-2
(High Density Residential Apartment) on property located south of Two Mile
Drive; Ashley Creek crosses the property and borders the east side of a
portion of the property; Greenbriar Subdivision is to the west; the
southern boundary is about 600 feet north of Highway 2. The site contains
approximately 30 acres.
The staff report, was presented by John Parsons of the Flathead Regional
Development Office, with a recommendation for approval.
The applicant spoke in favor of the zone change, testifying that his request for
the RA-2 zone is in compliance with the Master Plan, and that he is not
concerned about the Hwy 93 By-pass through the site, as he has been in contact
with the Highway Department who informed him that it will not be constructed
in the near future.
Three adjacent property owners spoke in opposition to the zone change,
objecting that the proposed urban density is unnecessary in the area where a
buffer already exists between residential and commercial uses. The impacts of
doubling the density of an already densely populated area would be undesireable
for both the residents and businesses adjacent to the site. Concern was
expressed for the integrity of Ashley Creek, as it becomes increasingly impacted
by high density development.
The Zoning Commission discussed, at length, the concerns raised regarding
condemnation lawsuits in relation to the proposed Hwy 93 by-pass alignment
through the property, the incompatible density next to single family residential
zones, and the valid concern regarding the cumulative impacts to the creek. A
motion to adopt the findings of fact in report #KZC-94-04 and recommend
approval of the zone change ended in a tie vote of 4 in favor, 4 opposed. A
second motion to continue Board discussion until the February meeting when nine
members would be on the Board, failed on a 3-5 vote.
Providing Community Planning Assistance To:
* Flathead County * City of Columbia Falls * City of Kalispell * City of Whitefish
Bruce Williams, City Manager
Re: Pack Zone Change
February 2, 1995
Page 2
This recommendation is forwarded to City Council for final action on the petition
for a zone change from RA-1 to RA-2.
If you have any questions, please contact this Commission or the FRDO.
Respectfully submitted,
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
Therese Fox Hash 4, c
President
TFH/JJP/eo
Attachments: FRDO Report #KZC-94-04
Application Materials
Minutes of 1/10/95 meeting
F:\FRDO\TRANSMIT\KALISPEL\KZC94-04.PCK
2 February 1995
Bruce Williams
City Manager
re: Pack Zone Change - RA-1 to RA-2
Dear Bruce:
Just a note on the above zone change - immediately before the hearing on
the above request, Pam Kennedy noted that she was Ron Pack's former
secretary when he owned Pack & Co. The next day after the hearing, it
was again brought up by a member of the public that Pam had a past
working relationship with Mr. Pack. At the time the transmittal letter
was brought to me for signature, Beth from FRDO commented that she and
John Parson had noted the relationship, again after the fact.
While I'm sure that Pam Kennedy felt there was no conflict, and I didn't
note any problems, you and the City Council should be aware that had Pam
excused herself from considering Mr. Pack's request, the Board's vote
would have been 3 in favor, 4 opposed. The vote will be reflected in
the minutes.
If you or the Council have any further questions, please contact me,
member of FRDO.
Sincerely,
Vt -, 4Y
Therese Fox Hash
President
PACK ZONE CHANGE REQUEST
CITY OF
FRDO STAFF REPORTr !
Ronnie and Margaret Pack and Colin C. and Kathleen M. Andrews have petitioned
to amend the Official Zoning Map of the City of Kalispell. The request is to rezone
from RA-1 (Low Density Residential Apartment) to RA-2 (High Density Residential
Apartment). The zone change request is subject to a public hearing before the
Kalispell City -County Planning Board and Zoning Commission on January 10, 1995,
in the Council Chambers at City Hall, 312-1st Avenue East. A recommendation from
that body will be forwarded to the Kalispell City Council for final action.
An RA-2 zoning classification is defined by the Kalispell Zoning Ordinance as:
A residential apartment district to provide areas for multi -family use
and compatible non-residential uses of high land use intensity. This
district is intended for central and inner-city use and not for suburban
use. This district demands public and community facilities and a
buffer area between it and other residential districts.
PETITIONER/OWNER;
Ronnie and Margaret Pack
PO Box 7068
Kalispell, MT 59904
LOCATION:
The subject properties are located on the south side of Two Mile Drive
approximately 1/2 mile west of Meridian Road. Ashley Creek crosses the property
and borders the east side of a portion of the property; Greenbriar Subdivision is
to the west; the southern boundary is about 600 feet north of US Highway 2. The
sites contain approximately 30 acres. Access to the property would be from Two
Mile Drive and from US Highway 2.
ZONING AND LAND USE:
The subject property is currently zoned RA-1 and has two residences on it. To the
north is zoned City R-4, RA-1, B-3, and County R-1 with residences, to the west is
zoned City R-4 and County R-1 with residences and agriculture, to the south is zone
City B-2 and B-3 with businesses and Ashley Square, and to the east is zoned City B-2,
B-3 with businesses and RA-1 with residences.
[AThIIIIIA-11*13 -1X*y &---t
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 TheRequestedZone 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 designated as "High
Density Residential". The designation Indicates a maximum density of 40 dwelling
units per gross acre.
Is The Requested Zone Designed To Lesson Congestion in The Streets To Facilitate
The Adequate Provision Of Transportation, Water, Sewer, Schools, Parks And Other
Public Requirements?
Congestion in the street and inadequate transportation is caused byan overburden
of the system by a variety of traffic types. The zone in this case would not
overburden the system because traffic generation is a function of the number of
dwelling units and uses that are allowed within a given area; the density of
development is anticipated under the Master Plan. In addition, Two Mile Drive Is
considered a Collector street by the Master Plan and Corporate Way is proposed to
be upgraded to handle commercial traffic flows to US Highway 2 which are
expected to handle the Increase in traffic.
The most significant impacts to development of this area will be the construction
of the US Highway 93 Bypass and the requirement to obtain a 404 permit to cross
Ashley Creek. As can be seen on the attached Vicinity Map the bypass alignment
is proposed to bisect Parcel 6K. This will become significant at the time of
development more than at this time. Ashley Creek crosses the property near the
north end of the area of the request. In order to obtain secondary access this
crossing would need to be accomplished. Additionally, Corporate Way will be
required to be extended north and to the west to connect with the easement
along the south boundary of Greenbriar Subdivision.
A change of zone will allow a greater density of development to occur. However,
the area is being served or can be served by urban infrastructure Including:
municipal street, parks, fire, and police departments, and sewer - water and other
utilities. Any development of this site will require further City review, whether in
the form of a conditional use permit, subdivision review, building permits, and/or
Site Plan Committee review. Impacts from specific development will be addressed
at the time of the request.
Will The Requested Zone Secure Safety From Fire, Panic And Other Dangers?
Development within the RA-2 zone is subject to certain standards including
maximum building height and the provision of off-street parking. Further, any
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development of the property is subject to review by the City's Site Plan Review
Committee, and requires the issuance of City building, plumbing, and mechanical
and State 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. In addition, this type of development activity is anticipated at this
location per the Master Plan.
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
City -County Master Plan supports the requested zone change. The requested zone
would not intrude on the health or general welfare of this particular neighborhood
and, in fact, would promote the health and general welfare of the City by
providing an area for high density development to occur as provided for in the
Master Plan. The surrounding uses would be considered compatible with the
proposed zoning classification.
Will The Requested Zone Provide For Adequate Light And Air?
The parking, landscaping and clear vision setback requirements of the zoning
ordinance, subdivision regulations, and reviewbythe Site Review Committee would
ensure that light and air are adequately provided.
Will The Requested Zone Change Prevent The Overcrowding of Land?
Overcrowding of land can occur when development out -paces or exceeds the
environmental or service limitations of the property. Adequate infrastructure is
in place or can be provided to accommodate the land uses allowed in the
requested zone.
Will The Requested Zone Avoid Undue Concentration Of People?
Concentration of people is a function of land use. Residential development will
certainly occur on this site whether or not the zone change is approved. The uses
associated with the RA-2 zone are anticipated for the concentration of people
expected and should not create a undue hardship on the neighborhood.
Does The Requested Zone Give Consideration To The Particular Suitability Of The
Property For Particular Uses?
The subject site is considered well suited for uses permitted within the RA-2 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.
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Does The Requested Zoning Give Reasonable Consideration To The Character Of This
District?
The properties in question are well suited for the type development and
anticipated under the Master Plan for 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. There are no known
uses that would be affected by this zone. A change to the RA-2 zone will not
significantly impact, erode or devalue the neighborhood beyond the type of uses
that are currently allowed to exist.. 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 is consistent with the Kalispell City -County
Master Plan. The Plan specifically identifies this area for high density residential
uses. The area consists residential and commercial uses and that Is what Is
permitted in the requested zone. The proposed zone change would be the most
appropriate use of the land.
of significance at the time of development will be the requirement to take the US
Highway 93 Bypass alignment into consideration. Corporate Way is proposed to be
upgraded to accommodate commercial load traffic volumes and provides access
directly to US Highway 2. The Kalispell City -County Master Plan designated this
general area as High Density Residential. The Master Plan anticipates this density
of development in this area. The infra -structure exists or can be provided to this
property for the zoning designation.
it is recommended that the Kalispell City -County Planning Board and Zoning
Commission adopt this staff report as findings of fact and forward a favorable
recommendation to City Council for the requested zone change.
FA ... \KZC94-04.RA2
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