08. Recommendation of Zoning - Marshall Add 269Flathead a io al Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
September 18, 1995 Fax: (406) 758-5781
Bruce Williams, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Recommendation of Zoning for Marshal Addition No. 269
Dear Bruce:
The Kalispell City -County Planning Board and Zoning Commission met on September 12, 1995, and
held a public hearing on the following agenda item:
A request by the City of Kalispell on behalf of Jon and Jean Marshall for annexation
to the City of Kalispell with an initial zoning classification of RA-1 (Low Density
Multi -Family Residential). The parcel contains approximately 6,000 square feet
located approximately 150 feet east of 5th Avenue East and 400 feet south of 18th
Street East. The property is a portion of the NW4 of Section 20, Township 28
North, Range 21 West, P.M.M., Flathead County, Montana.
John Parsons reviewed the statutory criteria for zoning and recommended the zoning classification
of RA-1 upon annexation of the property be granted. Jon Marshall spoke in favor of the requested
zone upon annexation; no one spoke in opposition. After adopting the findings of fact contained in
report #KA-95-9 the Board, acting as the Zoning Commission, voted unanimously to recommend that
the requested RA-1 zone be granted upon annexation of the subject property.
This recommendation for zoning is forwarded to the City Council for final action. Council needs
to wait for the minutes of the Planning Board meeting prior to taking final action on this matter.
However, this does not preclude discussion at Council workshop. Please contact the Commission
or FRDO if you have any questions.
Respectfully submitted,
KALI PELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
Therese Fox Hash
President
TFH/JPP/dh
Attachments: FRDO Report #KA-95-9 & Packet
Minutes of 9/12/95 meeting forwarded separately
c: Jon & Jean Marshall, 21128 E. Lakeshore, Bigfork, MT 59911
...1995\KA95-9.269
Providing Community Planning Assistance To:
* Flathead County * City of Columbia Falls * City of Kalispell * City of Whitefish
10.14 Of I 1 ;13 V I A
A tract of land in the NW 1/4 of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana, described as follows:
Commencing at the North Quarter corner of said Section 20; thence along the East line of the
NW1/4, South 0003'00" East, a distance of 299.41 feet to the Point of Beginning, which point is on
the West line of that parcel shown on Certificate of Survey No. 1717; thence continuing along the
East line of the NW1/4, also being the West line of the aforesaid parcel, South 0°03'00" East, a
distance of 102.76 feet; thence South 76°39'00" West, a distance of 192.48 feet to the Easterly line
of Fifth Avenue East; thence along said Easterly line North 13021100" West, a distance of 100.00 feet;
thence North 76°39'00" East, a distance of 216.12 feet to the Point of Beginning.
Excepting therefrom the West 150 Feet of the property described Herein.
MARSHALL ADDITIONNO.
R-4 (COUNTY) O >,
DOCITY ZONEREPORT
AUGUST 28,1995
The. City of Kalispell, on behalf of Jon and Jean Marshall, has petitioned for annexation of
a tract of land into the city limits of Kalispell. This is a report to the Kalispell City -County
Zoning Commission and Kalispell City Council. This report evaluates the assignment of a
City zoning classification as it relates to annexation in accordance with Section 27.03.010(4)
of the Kalispell Zoning Ordinance.
The applicant has petitioned for a zoning classification of RA-1 (Low density Residential
Apartment). Presently, the property is zoned County R-4, under the Flathead County Zoning
Regulations. The Kalispell Zoning Ordinance defines the intent of the RA-1 Classification
as foI lows:
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.
BACKGROUND INFORMATION
PETITIONER:
City of Kalispell, on behalf of
Jon and Jean Marshall
21128 East Lakeshore
Bigfork, MT 59911
SIZE AND LOCATION:
The property is approximately 6,000 square feet located on the southeast side of Kalispell,
approximately 150 feet east of 5th Avenue East and 400 feet south of 18th Street East. This
site is described as Assessor's Tracts 8HA and 8D in the NW '/a of Section 20, Township
28 North, Range 21 West, P.M.M., Flathead County, Montana. The property is more
particularly described in Exhibit "A".
DIU91211
The westerly three -fourths of the property is currently in the City, has a house on it, and
zoned RA-1; the easterly portion of the property (the area to be annexed) currently is vacant,
and is zoned County R-4. North, south, and east (zoned County R-4) is developed with
residences; west is zoned City RA-1 and is developed with residences. 5th Avenue East is
a local City street developed with two paved lanes and provides prim ry �rcess to the
property. Tract 8D appears to provide access to the property. to the,.
AVAILABILITY OF PUBLIC SERVICES: ate=
r w.
City services are available in and to the general area. A separately prepared "Extension of
Services Plan" discusses the provision of public services to this property.
When the city originally annexed the land area along 5th Avenue East and assigned an RA-1
zoning classification, the city annexed a strip only 150 feet ,deep. In the case of the
applicant, this 150 foot depth severed their lot, the western portion is in the city and zoned
RA-1; the eastern portion of the lot is zoned County R-4 (Two Family Residential). The
applicant is requesting to bring the balance of the tract into the city with the same RA-1
zoning.
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 as "High
Density Residential". RA-1 is considered in compliance with the Master Plan.
Does The Requested Zone Lessen Congestion in the Streets?
Congestion in the streets is caused by an overburden of traffic on the street system. The
zone in this case would not cause undue congestion because traffic generation is a function
of the number of dwelling units that are allowed within a given area. If the property is
redeveloped it would be in a manner that is consistent with the existing City RA-1 zone in
the area. In addition, the Master Plan for this area calls for this property to be developed
with RA-1 type development.
iA
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. Any development of the
property is subject to review by the City, and requires the issuance of building, plumbing,
and mechanical 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 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 would
support the requested zone change. Designation of this area as RA-1 would have little or
no impact. Any traffic generation that the proposed change allows would be mitigated at
the time of redevelopment of the property. Any specific impact to stormwater runoff,
sewers, and water would also be addressed at the time of development proposals.
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. 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, etc.) would ensure that
light and air are adequately provided. In addition, any development beyond a duplex
would require approval of a Conditional Use Permit.
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. A Special Improvements District is being created to
install sewer in 5th Avenue East. This sewer would prevent the degradation of the
environment by septic system contamination, thus limit any impacts due to overcrowding
of the land. The Subdivision, Zoning, and Building 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.
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Will The Requested Zone Avoid. -Undue Concentration Of Peo
Concentration of people relates to the land use permitted by a particular zone. The
proposed change would have little unexpected impact can 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 endue
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 nqt happen. The
proposed zoning and its regulations would ensure that the site is properly developed. No
significant negative impact is expected.
Will The Requested Zone Facilitate The Adequate Provision Of Trf ansportation Water.
Sewer,,-Schoots, Parks And Other Public Requiremgnts?
Additional specific demands for transportation, water, and sewer will be evaluated pursuant
to individual development proposals; infrastructure exists, or can be provided, in the vicinity
which should be able to serve development/redevelopment of this property. Schools and
parks would not be significantly more impacted under the existing County zone than would
be under the proposed City zone. The proposal exists close to these services and would
impact those services to a lesser degree than if the change in zone were to occur further
away. 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 RA-1 zone because of
availability of services and access. The property is of adequate size for the type of uses
permitted and conditionally allowed in the proposed zone. No significant negative impact
is expected.
Does The Requested Zoning Give Reasonable Consideration To The Character Of This
District?
The property in question is well suited for the type development anticipated under the
requested zone because of the topography, access, regional location, access to schools,
access to urban services, and size of the proposal. in addition the Master Plan for the area
anticipates this type of zone in this area. 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 from County R-4 to the City RA-1 zone will not
significantly impact, erode, or devalue the neighborhood beyond the type of uses that are
4
currently allowed by existing zoning or that exist in the area as this is a residential zone.
No significant negative impact is expected.
Will The Requested Zone Change Encourage The Most Appropriate Use Of The Land
Throughout The Jurisdictions•
Appropriateness of a zone is determined by the Kalispell City -County Master Plan. The Plan
and the existing zoning classifications in the area identify this area for the uses permitted
within the requested zone. Therefore, the change would encourage the most appropriate
use of the land. No significant negative impact is expected.
SUMMARY
The tract of land is approximately 6,000 square feet in area. it has access to 5th Avenue
East. The applicant desires to receive city services and must annex to the City of Kalispell.
The RA-1 zone requested abuts existing RA-1 zoning, a portion of the lot is already annexed
to the city and zoned RA-1. In addition, the requested zoning complies with the City -
County Master Plan. The additional proposed RA-1 zone would allow, with the adequate
provision of sewer, water and access, an additional two housing units. The existing R-4
zoning would also allow an additional two housing units.
RECOMMENDATION
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 RA-1 zone classification upon annexation.
FA ... \KA95-9ES.MSH
5
ADDITIONEXHIBIT A
MARSHALL ,,
The property is that portion of the NW Ya of Section 20, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana, described as follows: _. .
Commencing at the North Quarter comer of said Section 20; thence`
Along the East tine of the NWY., South 0003'00" East, a distance of 299.41 feet to the Point
of Beginning, which point is on the West line of that parcel shown on Certificatebf Survey
No. 1717; thence;;
Continuing along the East line of the NW%, also being the West line of the aforesaid parcel,
South 0003'00" East, a distance of 102.76 feet; thence
South 76139'00" West, a distance of 192.48 feet to the Easterly line of Fifth Avenue East;
thence
Along said Easterly line North 13021'00" West, a distance of 100.00 feet; thence
North 76039'00" East, a distance of 216.12 feet to the Point of Beginning.
Excepting therefrom the West 150 feet of the propety described herein.
T
MARSHALL ADDITION % is ANNEXATION
EXTENSION OF SERVICES
PLAN
ADDENDUM TO CITY RESOLUTION #3838
PREPARED
#i 3.
BY
FLATHEAD REGIONAL DEVELOPMENT OFFICE
AUGUST A: i.
The subject property is within the Service Area Boundary of the City of Kalispell as
described by the Extension of Services Plan adopted by the City of Kalispell on April 3,
1989 (Resolution #3838). This broad -based extension of services plan together with this
'#mini -plan" comprise the Extension of Services Plan for the Marshall Addition No. 269
annexation.
EXISTING SERVICES:
Water: The City has a 6 inch water line in 5th Avenue East. This main should have
sufficient capacity to serve this site.
Sewer: No sewer currently exists to serve this site. Sewerage is handled by onsite disposal
methods.
Storm Drainage: No storm drain system exists in the area.
Streets: 5th Avenue East is developed as a two lane local street with access to 18th Street
East and north into Kalispell
Garbage Collection: Available by contract from private companies.
Police Protection: Currently the Flathead County Sheriff's Department.
Fire Protection: South Kalispell Fire Department.
ANTICIPATED SERVICE NEEDS:
Water: A six inch water main exists in 5th Avenue East to serve the property. If, upon
redevelopment of this property, this main is not of sufficient capacity to serve the new
development, a water main must be extended to connect with a main of sufficient capacity
to serve this property or other alternative be installed. Capacity and any extensions would
be evaluated at the review stage of any development permit.
7
ewer: Sewer does not exist to this site. Currently, septic systems are used in this area.
A Special Improvements District has been formed to install a sewer main in 5th Avenue
East. When sewer is installed it would allow the area to develop with more intensive land
uses.
Storm Drainage: Retention and/or disposal of storm water will lie evaluated during the
review phase of any proposed development. Storm drainage would be handled onsite at
the time of development.
5Lrggt.j: 5th Avenue East is a two lane road in a 60 foot ROW and of sufficient size to
accommodate any additional traffic loads development of this sitexwould produce.
Garba e Collection: The City has the capacity and equipment to handle the needs of this
site at the time it becomes eligible for municipal service.
_PoricelFire: City of Kalispell Police Department and Fire Department will be available to
serve the tract upon annexation. They will be able to provide "service" to this property on
substantially the same basis and in the same manner in which this service is currently
provided to the rest of the municipality.
EXTENSION AND FINANCE STRATEGIES:
The cost of extending such public services as police and fire protection are expected to be
negligible. The general source of money to extend these type of services is from the general
tax revenues received from this property and other properties inside the City limits. A
Special Improvements District has been formed to bring a sewer main to this area. This
sewer main extension would be paid for by the property owners who are a part of the
district and those who hook into the main. Individual improvements to the property,
including the extension of water lines, sewer lines, and stormwater management
improvements, will be the responsibility of the developer/landowner. Any area -wide
improvements relative to a comprehensive storm drainage system will be financed in part
by the residents of the entire municipality and in part by special assessments for that
purpose.
F.\...1KA95-9ES.MSH
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