08. Ordinance 1232 - Hagerman - Zone Change - RA-1 to RA-3 - 1st ReadingORDINANCE NO. 1232
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
PROPERTIES LOCATED SOUTH OF 18TH STREET WEST ON THE WEST SIDE OF
AIRPORT ROAD (PREVIOUSLY ZONED RA-1, LOW DENSITY APARTMENT), RA-3,
RESIDENTIAL APARTMENT/OFFICE, IN ACCORDANCE WITH THE CITY -COUNTY
MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, William and Muriel Hagerman, the owners of properties
located south of 18th Street West on the west side of Airport 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-3, Residential Apartment/Office, and
WHEREAS, the properties as shown in Exhibit "A" exist as
property surrounded to the west by City RA-1 and County R-1
classifications, to the south by County R-1 classification, to the
east by I-1 and P-1 classifications, and to the north by B-2
classification, and
WHEREAS, the petition of William and Muriel Hagerman was the
subject of a report compiled by the Flathead Regional Development
Office, #KZC-95-04, dated August 29, 1995, in which the Flathead
Regional Development Office evaluated the petition and recommended
that the properties as shown in Exhibit "A" be rezoned RA-3,
Residential Apartment/Office, as requested by the petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report recommending the properties as shown in
Exhibit "A" be zoned RA-3, Residential Apartment/Office, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the properties as shown in Exhibit "A" RA-3,
Residential Apartment/Office; 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 properties are within the jurisdiction of the
Kalispell City -County Master Plan and impacted by the
Airport Neighborhood Plan. According to the Master Plan,
the properties are designated for "High Density
Residential". This request is considered in conformance
with the Master Plan. The Airport Neighborhood Plan
impacts the northeast corner of the subject properties as
can be seen on the attached vicinity map. This impact
results from the Runway Protection Zone (RPZ) adopted for
the protection of the approaches to the runway. This RPZ
` will limit any building of structures in the
1
redevelopment of the properties to the area outside of
the RPZ, essentially the southwestern portion of the
properties.
Will the Requested Zone Secure Safety from Fire, Panic
and Other Dangers?
Development within the RA-3 zone is subject to certain
standards including maximum building height and the
provision of off-street parking. Further, any
development of the properties is subject to review by the
City's Site Plan Review Committee, and requires the
issuance of City building, plumbing, and mechanical
permits. These requirements and review processes help
ensure that development of the properties subsequent to
the zone change is done in a safe manner. In addition,
any specific development more intense than a duplex would
require a conditional use permit and/or subdivision
approval.
One limitation to developing the corner property would be
the Runway Protection Zone constraints. This limitation
is not considered severe enough to preclude development.
However, it does limit development to the southwestern
portion of the property with parking allowed in the
eastern portion. Specific location of the RPZ would need
to be identified at the time of redevelopment of the
property it affects. This specific location would be
accomplished by having it surveyed at the time the
property is redeveloped.
Will the Requested Zone 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 and its
amendments. The City's Master Plan does support the
requested zone change. This zone would not intrude on
the health or general welfare of this particular
neighborhood and with proper site planning all properties
can be developed safely. The surrounding uses are
considered compatible with the proposed zoning
classification.
Will the Requested Zone Provide for Adectuate Light and
Air?
The parking, landscaping, and setback requirements of the
zoning ordinance would ensure that light and air are
adequately provided when the properties are redeveloped.
2
Will the Requested Zone Chancre 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 in the
area to accommodate the land uses allowed in the
requested zone. Access to the properties is supplied
from Airport Road, a designated Collector, and 18th
Street West, a designated Minor Arterial.
Will the Requested Zone Avoid Undue Concentration of
People?
Concentration of people is a function of land use.
Development would occur more intensely on the properties
if the zone change is approved than would occur if no
rezone occurs. The uses associated with the RA-3 zoning
designation anticipate a certain concentration of people
and intensity of uses and should not create an undue
hardship on the neighborhood.
Is the Requested Zone Designed to Lessen Congestion in
the Street and Facilitate the Adequate Provision of
<- Transportation, Water, Sewer, Schools, Parks and Other
Public Requirements?
As indicated in the Master Plan, the RA-3 zone is
designed to be utilized for this area. Airport Road and
18th Street access was expected to serve these properties
and also was expected to serve as access to the north
into downtown Kalispell. The development constraints of
the RA-3 zone are designed to lessen congestion in the
streets for any development by requiring additional
review and a conditional use permit for development more
intense than a duplex. Additional demands for
transportation, water, and sewer collection as a result
of development of the properties would be evaluated
pursuant to individual development proposals. Adequate
services exist in the area. The residential/commercial
nature of this zone would impact schools and parks;
however, no significant impact is expected.
Does the Requested Zone Give Consideration to the
Particular Suitability of the Property for Particular
Uses?
These properties are a conversion of the existing RA-3
zone and are well suited for this change because of the
types of uses permitted in this zone, those being
residential and low intensity commercial in nature. The
properties are essentially flat and can accommodate the
3
expected uses allowed in the zone. The Runway Protection
Zone will be an important consideration at the time of
development of the properties in the northeast part of
the request, but is not considered a significant
impediment to development with proper site planning
techniques.
Does the Requested Zoning Give Reasonable Consideration
to the Character of this District?
The properties under consideration in this proposal fit
the character of the district because the Master Plan for
this area calls out for High Density development and the
intent of the zone fits this location. The Master Plan
indicates the need for additional affordable housing in
Kalispell and the intent of the zone indicates this to be
a good location. The zone is designed for multifamily
uses customarily considered to be the most affordable
type of housing. The requested zone change is not out of
character with the surrounding city as proposed by the
Master Plan.
Would the Proposed Zoning Conserve the Value of the
Buildings?
The properties are currently developed with dwellings and
apartments and would be redeveloped into residential and
low intensity commercial uses. A change to the RA-3 zone
should not significantly impact, erode, or devalue the
neighborhood beyond the type of uses that are currently
allowed or that exist in the area, those being
residential and commercial. If these properties were to
be developed as apartments, a conditional use permit
would be required.
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. This type of zone
and its associated land uses are expected in this area
and would provide the City with additional housing units
if developed. The Plan map specifically identifies this
location for this type of zone. The neighborhood
consists of residential and non-residential uses and
zones. 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:
4
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-3, Residential Apartment/Office.
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.
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
W
Douglas D. Rauthe, Mayor
$'� 'C e'er *:ve7-`'L';+• }` "
EXHMIT A
A tract of land described as:
�hatportion of the
of
the
t of Section ! Township .North, Range 21 West,
p.M.M., described as follows:
Commencing at the NE corner of said Section 19; thence
South a a West.along the North line of said ! Section • distance of 30.0 feet t • " • ♦ 1,1
♦ t the West boundary of he County Road knownas AuportRoad, said point being the
point of Beginning of thetracti be i :a.... • :t. thence ! ttt :I" 1
South !. *.8 a L;, Ky along ..1""" North !.: ofsaid Section
!
South 000 West, + thence
North 88012' Eag 132.0 feet to a point on the West boundary of said Airport Road; thence
North a"sEast,along the West
boundary ofsaid Airport Road, 0 ;rc to the . • i f.
of Beginning.
Flathead Regional 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 59903
Re: Hagerman, et al, Zone Change Request, RA-1 to RA-3
Dear Bruce:
The Kalispell City -County Planning Board and Zoning Commission held a public hearing on
September 12, 1995 concerning the following item:
A request by William and Muriel Hagerman, et al, to amend the Official Zoning
Map of the City of Kalispell. The property subject to the request is currently
zoned RA-1 (Low Density Residential Apartment). The request is to change the
zoning to RA-3 (Residential Apartment/Office).
The staff report was presented by John Parsons of the Flathead Regional Development Office.
The applicant was unable to attend the hearing because of medical reasons. There was no one
that spoke in favor of or in opposition to the request at the hearing.
The Zoning Commission adopted FRDO Report #KZC-95-04 as findings of fact, and
unanimously recommended that the zone change from RA-1 to RA-3 be APPROVED. 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. This
recommendation is forwarded to City Council for final action on the petition for a zone change.
Please contact this Commission or FRDO if you have any questions.
Respectfully submitted,
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
Therese Fox Hash
President
TFH/JJP/dh
Attachments: FRDO Report #KZC-95-04
Application Materials
Minutes to follow under separate cover
cc: William and Muriel Hagerman, et al, 1818 Airport Rd., Kalispell, MT 59901
H:\...\1995\KZC95-04.TRM
Providing Community Planning Assistance To:
* Flathead County * City of Columbia Falls * City of Kalispell * City of Whitefish
3 i 3
*CITY O ,
ELL
FRDO STAFF REPORT
,. i..:1.. Y AUGUST 29,
William and Muriel Hagerman, et al, have petitioned to amend the Official Zoning Map of the
City of Kalispell. The properties subject to the request are currently zoned RA-1. The request
is to change the zoning to RA-3 (Residential Apartment/Office). The zone change request is
subject to a public hearing before the Kalispell City -County Planning Board and Zoning
Commission on September 12, 1995. The hearing will begin at 7:00 P.M. 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.
PROPOSED ZONING CLASSIFICATION
The RA-3, Residential Apartment/Office zoning classification is defined by the Kalispell Zoning
Ordinance as:
A residential apartment -office district to provide areas for professional,
governmental, and private offices, banks, and similar institutions, cultural and
governmental facilities and limited business at locations where they are
compatible with residential apartment uses and where it is not deemed desirable
to permit a more intensive business activity of a retail nature.
This district serves as a buffer zone between other commercial districts and
adjacent residential areas. The location of this district depends on proximity to
major streets, arterials, and business districts. This district shall be located within
or adjacent to business corridors, shopping islands or the Central Business
District.
BACKGROUND INFORMATION
PETITIONER:
William and Muriel Hagerman, et al
1818 Airport Road
Kalispell, MT 59901
LOCATION:
The subject properties are located south of 18th Street West on the west side of Airport Road
in the City limits of Kalispell. The properties are approximately 4.8 acres and have access to
18th Street West and Airport Road, The properties are more particularly described in "Exhibit
A" .
EXISTING ZONING AND LAND USE:
The subject properties are currently zoned RA -I and have single family residences and
apartments constructed on,them. Properties to the west are zoned City RA -I and County R-1
and !: developed with a mobilehorne park !the and scattered residences 1 the• i
is zoned County R-I and isopen space and, the floodplain of Ashley Creek. .1"'Properties, to, the
east are zoned I- I and P_ 1 and contain a variety of industrial type uses and the airport.
north is zoned B-2 and is vacant.
EVALUATION BA&ED ON
ffAEUQRY
i"'
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 properties are within the jurisdiction of the Kalispell City -County Master Plan and
impacted by the Airport Neighborhood Plan. According to the Master Plan, the properties are
designated for "High Density Residential". This request is considered in conformance with the
Master Plan. The Airport Neighborhood Plan impacts the northeast corner of the subject
properties as can be seen on the attached vicinity map. This impact results from the Runway
Protection Zone (RPZ) adopted for the protection of the approaches to the runway. This RPZ
will limit any building of structures in the redevelopment of the properties to the area outside
of the RPZ, essentially the southwestern portion of the properties.
Will The Requested Zone Secure Safety From Fire, Panic And Other Dangers?
Development within the RA-3 zone is subject to certain standards including maximum building
height and the provision of off-street parking. Further, any development of the properties is
subject to review by the City's Site Plan Review Committee, and requires the issuance of City
building, plumbing, and mechanical permits. These requirements and review processes help
ensure that development of the properties subsequent to the zone change is done in a safe
manner. In addition, any specific development more intense than a duplex would require a
conditional use permit and/or subdivision approval.
One limitation to developing the comer property would be the Runway Protection Zone
constraints. This limitation is not considered severe enough to preclude development. However,
it does limit development to the southwestern portion of the property with parking allowed in
the eastern portion. Specific location of the RPZ would need to be identified at the time of
�J
redevelopment of the property it affects. This specific location would be accomplished by
having it surveyed at the time the property is redeveloped.
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 and its amendments. The City's
Master Plan does support the requested zone change. This zone would not intrude on the health
or general welfare of this particular neighborhood and with proper site planning all properties
can be developed safely. The surrounding uses are considered compatible with the proposed
zoning classification.
Will The Requested Zone Provide For Adequate Light And Air?
The parking, landscaping, and setback requirements of the zoning ordinance would ensure that
light and air are adequately provided when the properties are redeveloped.
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 in the area to
accommodate the land uses allowed in the requested zone. Access is to the properties is
supplied from Airport Road, a designated Collector, and 18th Street West, a designated Minor
Arterial.
Will The Requested Zone Avoid Undue Concentration Of People?
Concentration of people is a function of land use. Development would occur more intensely on
the properties if the zone change is approved than would occur if no rezone occurs. The uses
associated with the RA-3 zoning designation anticipate a certain concentration of people and
intensity of uses and should not create a undue hardship on the neighborhood.
Is The Requested Zone Designed To Lessen Congestion, In The Street And Facilitate The
Adequate Provision Of Transportation, Water, Sewer, Schools, Parks And Other Public
Requirements?
As indicated in the Master Plan, the RA-3 zone is designed to be utilized for this area. Airport
Road and 18th Street access was expected to serve these properties and also was expected to
serve as access to the north into downtown Kalispell. The development constraints of the RA-3
zone are designed to lessen congestion in the streets for any development by requiring additional
review and a conditional use permit for development more intense than a duplex. Additional
demands for transportation, water, and sewer collection as a result of development of the
properties would be evaluated pursuant to individual development proposals. Adequate services
3
exist in the area. The residential/commercial nature of this zone would impact schools and
parks; however, no significant impact is expected.
L)go The Reguested Zone Give Consid ration To The Particular Suitabili f the -Pm2g9y For
Particular Uses?
These properties are a conversion of the existing RA-3 zone and are well suited for this change
because of the types of. uses permitted in this zone, those being residential y low finsaty
commercial in nature. The properties are essentially flat and can accommodate. the expected uses
allowed in the zone. The Runway Protection Zone will be an important consideration 4t.the time
of development of the properties in the northeast part of the request, but is not caansidered a
significant impediment to development with proper site planning techniques.
Does The Requested Zoning Give Reasonable Consideration To The Character Of This District?
The properties under consideration in this proposal fit the character of the district because the
Master Plan for this area calls out for High Density development and the intent of the zone fits
this location. The Master Plan indicates the need for additional affordable housing in Kalispell
and the intent of the zone indicates this to be a good location. The zone is designed for
multifamily uses customarily considered to be the most affordable type of housing. The
requested zone change is not out of character with the surrounding city as proposed by the
Master Plan.
Would The Proposed Zoning Conserve The Value Of The Buildings?
The properties are currently developed with dwellings and apartments and would be redeveloped
into residential and low intensity commercial uses. A change to the RA-3 zone should not
significantly impact, erode, or devalue the neighborhood beyond the type of uses that are
currently allowed or that exist in the area, those being residential and commercial. If these
properties were to be developed as apartments, a conditional use permit would be required.
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.
This type of zone and its associated land uses are expected in this area and would provide the
City with additional housing units if developed. The Plan map specifically identifies this
location for this type of zone. The neighborhood consists of residential and non-residential uses
and zones. The proposed zone change would be the most appropriate use of the land.
4
The Kalispell City/County Master Plan designated this general area as High Density Residential.
The Master Plan anticipates the uses in this neighborhood. The surrounding uses are considered
compatible with the proposed RA-3 zoning designation with proper site planning.
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.
...KZC95-04.RA3
1A.1466111.19
A tract of land described as:
That portion of the NE'/a of the NE 1/4 of Section 19, Township 28 North, Range 21 West,
P.M.M., described as follows:
Commencing at the NE comer of said Section 19; thence
South 88012' West, along the North line of said Section 19, a distance of 30.0 feet to a point
on the West boundary of the County Road known as Airport Road, said point being the True
Point of Beginning of the tract to be described; thence continuing
South 88112' West, along the North line of said Section 19, a distance of 132.0 feet; thence
South 0008' West, 75.0 feet; thence
North 88 ° 12' East 132.0 feet to a point on the West boundary of said Airport Road; thence
North 0106' East, along the West boundary of said Airport Road, 75.0 feet to the True Point
of Beginning.
Together with:
The Courtyard Subdivision.
Lilienthals Subdivision.
Lots IA and 1B of the Resubdivision of Lot 1, Browns Addition.
Lot 3A of Amended Lots 2, 3, 4 and 5, Browns Addition.
and
Lot 1, Purdys Addition to Kalispell.
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