4. Mohrenweiser Zone Change Request, R-3 to RA-1MOHRENWEISER ZONE CHANGE REQUEST
CITY OF KALISPELL
►. ! O STAFF REPORT
)..O 11'. i y
i 1 1
Richard and Judith Mohrenweiser have petitioned to amend the Official Zoning Map of the City
of Kalispell. The property subject to the request is currently zoned R-3. The request is to
change the zoning to RA-1 (Low Density Residential Apartment). The zone change request is
subject to a public hearing before the Kalispell City -County Planning Board and Zoning
Commission on July 11, 1995. The hearing will begin at 6:00 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.
�, a t .,..l.. ,!- -#
The RA-1, Low Density Apartment 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 medium land use intensity. It should be served
with all public utilities and be in close proximity to municipal serves and
shopping districts.
PETITIONER:
Richard and Judith Mohrenweiser
P.O. Box 1816
Kalispell, MT 59901
LOCATION:
The subject property is located north of the Underhill Subdivision approximately 800 feet east
of Meridian Road and on the west side of US Highway 93 inside the City limits of Kalispell.
The property is 1.8 acres and has access through the Underhill Subdivision to Arizona Street.
The property is more particularly described in ":Exhibit A".. .
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 property is developed.
Will The Requested Zone Change Prevent The Overcrowdingof 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 di -lea to
accommodate the land uses allowed in the requested zone. Access is through a single family
neighborhood. A parcel of 1.8 acres could potentially be developed with 26 units, however
because of topographic limitations and access, development would be expected to be substantially
less. The application indicates that the intent is to subdivide the property into 5 lots for
duplexes. This is more realistic and would net 10 units.
Will The Requested Zone Avoid Undue Concentration Of People?
Concentration of people is a function of land use. Development will certainly occur on this site
if the zone change is approved. The uses associated with the RA-1 zoning designation anticipate
a certain concentration of people 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
Reguirements?
As outlined in the Neighborhood Plan, the RA-1 zone is designed to be utilized for this area.
The Underhill Court north access was expected to serve as a street to this property and also was
expected to serve as access north of the subject property. The new Neighborhood Plan for this
area amended this concept to limit access only to the immediate north, the subject property. The
development constraints of the RA-1 zone are designed to lesson congestion in the streets for
any development by requiring a conditional use permit for development over a duplex, which
may require two access points. Additional demands for transportation, water, and sewer
collection as a result of development of the property would be evaluated pursuant to individual
development proposals. Adequate services exist in the area. The residential nature of this zone
would impact schools and parks. No significant impact is expected.
Does The Requested Zone Give Consideration To The Particular Suitability Of The Propm For
Particular Uses?
This property is an expansion of the existing RA-1 zone and is well suited for this change
because of the types of uses permitted in this zone, those being residential in nature. The
property in question appears to have a cross slope of approximately 18%. This cross slope will
be an important consideration at the time of development but is not considered a significant
impediment to development.
3
Dogi The Requested Zoning Give Reasonable Consideration To The haracte f This District?
The property under consideration in this proposal fits the character of the district because
Kalispell has amended its Master Plan for this area to create The North Meridian Neighborhood
Plan. This Neighborhood Plan and its parent plan indicate the need for additional affordable
housing in Kalispell. It is the character of the Kalispell District as outlined in the Neighborhood
Plan to help supply the jurisdiction with this housing type. The RA-1 zone would help supply
that need. The zone is designed for multifamily uses customarily considered to be. ,tile most
affordable type of housing. To the southwest is zoned the same and developed Iwith apartmients.
The requested zone change is not out of character with the surrounding city as pm I' by the
Master Plan.
Would The Proposed Zoning Conserve The Value Of The Buildings?
The property is currently vacant and would be developed into residential uses. A change to the
RA-1 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. If this
property were to be developed as apartments a conditional use permit would be required which
could buffer the single family development to the south.
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 when developed. The Plan map specifically identifies this
location for this zone. The neighborhood consists of residential uses. The proposed zone
change would be the most appropriate use of the land.
DISCUSSION AND RECOMMENDATION
The North Meridian Neighborhood Plan of 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-1 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.
...KZC95-03.RA1
n
E)CHMIT
MOHRENWEISER ZONE CHANGE
REQUESI
A tract of land situated, lying and being in the Government Lot 1 of Section 7, Township 28 North,
Range 21 rest, P.M., M., Flathead County, Montana and more particularly described as follows
to wit:
Beginning at the SE comer of that tract of land described on Certificate of Survey No. 2486, said
point being the True Point of Beginning; thence
South 89059135" East, a distance of 145.39 feet to a point on the westerly right-of-way of Wighway
No. 93 and the point of curvature of a non -tangent curve, concave to the Northeast, having a radius
of 1512.50 feet, a radial bearing of North 5803242"; thence Southeast along said curve, through
a central angle of 13°05'14", an arc length of 345.48 feet to a point; thence
South 0033'50" West leaving said right-of-way, a distance of 31.86 feet to a point; thence
North 89037158" West a distance of 121.16 feet to a point; thence
North 89021'58" West a distance of 263.55 feet to a point; thence
North 0023'56" West a distance of 299.87 feet to a point; thence
South 89057'22" East a distance of 24.83 feet to the place of beginning.
s
�wr
F Fits No. C J-
E}iee Accepted
Receipt No.
APMCATION TE
jr
PETITION ZONING T
CITY E I t ��� t
h 995
ADDRESS:2. MAIL P.O. •► 1816 F. R.
INTEREST IN PROPERTY: ORM
ZONING MAP AMENDMENT: ZONINGE:AMENDMENT:
IF THE* 'REMJEST PERTAINS TO AN AMMMENT TO THE TEXT OF THE ZONING REs"i
PLEASE COMPLETE THE FOLLOWING:
A. What is the proposed zoning text asendment?
N/A
IF THE REMEST PERTAINS TO AN AMENDMENT TO THE ZONING MAPj PLEASE COMPLE
FOLLOWING:
A. Address of the property: UNDER HILL STREET (unassigned)
®. Legal description: LOT 6B IN GOV!ERNOW IAT 1
(Lot and Block of Subdivision; Tract (k)
OF SECTION 7, T. 28N. , R. 21 W.., FLATHEAD COUNTY, MONUM
(Section, Township, Range) (Attach sheet for metes and bounds)
C. The present zoning of the above property is: R3 URBAN SINGLE FAMILY
D. The proposed zoning of the above property is: RA-1 LAW DENSITY RESIDEN11
E. State the changed or changing conditions that make the proposed ase
�- necessary%
THE APPLICANT PROPOSED TO ADJUST THE BOUNDARY LINE To FINE THE
30' STRIP OF THE IMM IN THE NORT WEST PORTION OF THE TRACT. (SEE MAP)_
THE BOUNDARY LINE ADJUSIMEDT WILL MINIMIZE DENSITY & DEVEL,OPMENT ON
THE REMAINING PORTION OF TRACT 6B. ACCESS WOULD BE VIA A C(JG-DE-SAC
AND RES RZCTID TO ONSITE RESIDENCES.
I
HOW WILL THE PROPL_ -0 CHANGE ACCOMPLISH THE INTEN7 .40 PURPOSE OF:
OF 1 `EIL CITY/0C0M KWM PLAN AND THE NORM` s ROAD
E is 1: i' f • i PLAN. CMUUM CLASSIUCLUON"HIGH E IiM RESIM=Allt
NO SIGNIFICANT' NEGATIVE IMPACT IS ANTICIPATED
B. Lessening congestion in the streets and providing safe access THE REQUEST
#•.`* rif' RR R` M' ACCESS TO MMIDIAN ROAD + IMPACT
DUE • SUBDIVII)ING OF h WOULD BE.ANAED♦r r"# •a r y.
C. Promoting safety from fir*9 panic, and other dangers PROPOSED SEWIVI,
WOULD RESTRICT THE PARCEL TO 5 (11. -RESIDENCE OR DUPEXES'.- ALL�2EVELQPMENT
WOUT-D BE SUBJECT -TO CITY OF KALISPELL STANDARDS & THE CITV§ 11_M PLAN REV
COMMITTEE. NO SIGNMCANT NEGATTVE IMPACT IS ANTICIPATED,
D. Promoting the . public interest, health, comfortj conveni enett safety
general welfare THE PROPOSED ZONE CHANGE WILL LEND ITSELF To E�� - TH
THE ABOVE MDMONED #f 1•s- r• DTIMZING DENSITY ;MU= =_ : •
Z. Providing adequate light and air KALISPELL CITY STANDARDS AND ZONIM CRDII
MANDATES TBAT PROPER SETBACKS AND CONSTRUCTION TECHNIQUESt ETC. ARE
IMPLEMATED. NO SIGNMCANT NEGATIVE IMPACT IS ANTICIPATED.
F. Preventing the . overcrowding of land THE .•••O1E) ZONE CHANGE r
OVERCPZSING. NO SIGNUICANIT NEGATIVE
6. Avoiding undue concentration of population OONCR47RATION OF POPU%ATICN
IS A FUNCTION CF ZONING & THE MASTER PLAN. NO SICNTCANT NEGATIVE IMFAC'
WILL BE ANTICIPATED.
Facilitating the adequate provision of transportation, water,, sewage,, sch
parks, and other public facilities THE APPLICANTHAS It Rom. STUBU
INTO THEi MITIES HAVEBEEN ANALYZED, TESTED UM al. 1►1
• BE ADEQUATE•"" THE •'' • •isE) DEVELOPMENT, R :. I4 R C »_/► WAS ••i 11Y.'
AROUND I IR SOUTH SIDEOF !tE MERIDIAN RR I\i ' :tl J= G 1, ►4 MM ►•
THE APPLICANT. THE APPLICANT HAS AN EASEMENT TO DIVERT THE RUN OFF WATER,
GENERATED ` •' EPARCEL INTO THE CURTAINDRAIN.EM io)
NO SIGNIFICANIT NEGATTVEIMPACT WILL BE ANTICIPATE+R
2
Giving1. reass. ale considerationto the charas.district t
SUWBCr TRACTVOID OF ANY STRUCTURE.
THE ZONECHANGE C! ` r E+: <r°i
OR DEGRADE THt7s CURRERMY FO= IN THEl PROPERTIES. NO
SIG141FICANT NEGATIVEIs • BE as`>t
J. Giving consideration to the peculiar suitability of the property
particular uses RA-1 WNIM IS CONSISTANT.WITH THE Ka.
PLAN
ADJACENT` * ZONED DEVEZOPED NO SIGNIFICANT NEGATIVE IMPACT
WITM BE ANTICIPATED.
K. Protecting and conserving the, valut of buildingsaA#' 1` •WML BE
NO SIGNIFICANT NEGATIVE IMPACT WIT-L BE ANTICIPATED.
Encouraging the tost appropriate use of land by assuring orderly growth
THE PROXIMITY TO I DEVELOPMENT AND THE TOPOGRAPHY -ASSURES
APPROPRIATE USE OF THE LAND. NO SIMIFICANT NEGUIVEMPACT WILL:1
ANTICIPATED.
# � i � 9F i � * 9F ! � 3i � i I• i � � •i * iP i9 # #�! •A i # i � i i f � i i � � IF iF * i i
The signing of this application signifies approval for F.R.D.O. staff to be present on
property forjr#utine agpitoring and inspection during the approval process.
(Applicant)
Revised 7/27/93 dh
Date)
3
OPPLIOTION PMQM
AppLICABLE T4 ALL Z0NrNG iCATI :
A. Pre —Application Meetings
A discussion with the Planning Director or designated seeber of staff rust pre
filing of this application. Among topics to be discussed are: Master
compatibility with the application, compatibility of any proposed zone change
surrounding zoning classifications, wW the application edure.
B. Completed application fors.
--
C. Application fee of $350.40 payable.to the Flathead Regional b*vtlopmont Office.
-- . --. _.O, - the application must be a ed a%,_comglet&'-`b2 the FRW staff thin ()
to the date of the meeting at which it . ill -be, he n order•
reAuiresents of state statutes and the zoning regulations y"be- fulfilled.
AppLJCpaL9 TO APPLICATIO14S FOR Z :
~ A. Application Contents:
I1) Petition for zone change signed by at -least of the property owners i
area for which the change in zoning classification is sought..
(2) A map showing the location and boundaries of the property .
(3) A list of the names and mail addresses of all property owners within 150
of the subject property as shown on the Assessorls roll.
Exasple:
Assessors S—T—R Lot/Tract Property Owner
No. No. and Mail Address
(4) A title report of the subject property.
0
Flathead Regional Development Offic
723 i AvenueRoom 414
Kalispell, Montana 59901 1
September 8, 1995
Bruce Williams, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Phone: (405) 759-5980
Fax: ( 758-5781
The Kalispell City -County Planning Board and Zoning Commission met July 11, 1995 and
continued the public hearing to August 8, 1995 on the following agenda item:
Richard and Judith Mohrenweiser have petitioned to amend the Official Zoning
Map of the City of Kalispell. The property subject to the request is currently
zoned R-3. The request is to change the zoning to RA-1 (Low Density
Residential Apartment).
The staff report was presented by John Parsons of the Flathead Regional Development Office.
The applicant spoke in favor of the requested zone change. There were six people that spoke
in opposition at the July hearing and a petition submitted in opposition with 50 signatures.
There were two people who spoke in opposition at the August meeting referring to the petition
in opposition.
The Zoning Commission rejected FRDO Report #KZC95-03 as findings of fact, adopting new
negative findings and unanimously recommending that the zone change from R-3 to RA-1 be
DENIED. The negative findings are attached. This recommendation is forwarded to City
Council for final determination on the petition for a zone change. .
Please contact this Commission or the FRDO if you have any questions.
Respectfully submitted,
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COhRV!'ISSiON
Therese Fox Hash
President
TFH/JJP/dh
Providing Community Planning Assistance To:
* Flathead County * City of Columbia Falls * City of Kalispell * City of Whitefish
ATTACBNM'NT
FINDINGSNEGATIVE DOP • BY THE KALISPELL
1
CITY/COUNTYING BOARD • •
MOHRENWEISER, ZONE
The subject property is within the jurisdiction of the Kalispell City -County Master Plan, more
specifically the North Meridian Neighborhood Plan, adopted in 1994. According to the
Neighborhood Plan, the property is designated for "High Density Residential". This request
is considered in general conformance with the Master Plan. However, the property is better
suited as a transition area between the single family residential and anticipated high density
residential, because of problems associated with the existing high density residential
development that is occurring in the area.
WILL THE REQUESTED ZONE SECURE SAFETY FROM FIRE PANIC AND QTHER
DANGERS?
Development within the RA-1 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 permits.
One limitation to developing this property would be the topographic constraints. The cross
slope of the property is approximately 18%. Another limitation is the access, only a single
point of access is available to service the property. This is Underhill Court where it extends
to the north. This area (Underhill) is in essence one cul-de-sac.
Because of the designated access, this zone change would not secure safety from fire, panic
and other dangers.
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 density of this zone would
intrude on the health or general welfare of this particular neighborhood. The surrounding uses
are not compatible with the proposed zoning classification.
t.. / ` 1. • ugavy, !: 1 �. `
Overcrowding of : occur I when development out -paces or exceeds the environmental
or service limitationsof f" property. ♦'• ffifimstructure is not t place t the am tI,
accommodate L fi. f' land uses allowed t therequested zone. family
neighborhood. A parcel of 1.8 acres could potentially be developed with 26 units.
Concentration of peopleis a functionof land iuse. Developmentoccur on this
site if the zone t.' change R g.. approved -The uses and density associatedwith thezoning
,jesignation anticipate aiconcentration of peopleand wouldcreatehardship on
the neighborhood with the addition of 26 units on 1.8 acres.
IS nffi REQUESTED ZONE DESIGNED TO LESSEN CONGESTION IN THE STREET
AND FACILITATE THE ADEQUATE PROVISION OF TRANSPORTATION WATER,
SEWER. SCHOOLS, PARKS AND OTHER PUBLIC REQUIREMENTS?
Based on the potential 26 unit development, this would result in over 182 vehicular trips per
day on what is essentially a very long cul-de-sac. The Underhill Court north access was
expected to serve as a street to this property and also was expected to serve as access north of
the subject property. The new Neighborhood Plan for this area amended this concept to limit
access only to the immediate north, the subject property. The development constraints of the
RA-1 zone are designed to lesson congestion in the streets for any development by requiring
a conditional use permit for development over a duplex, which may require two access points.
There is no potential for two access points, and the Master Plan specifically indicated that there
would be no through access. When the Neighborhood Plan was adopted, access from this
street out to Meridian Road was specifically excluded. Additional demands for transportation,
water, and sewer collection as a result of development of the property would be evaluated
pursuant to individual development proposals. Adequate services exist in the area. The
residential nature of this zone would impact schools and parks. A significant impact is
expected.
DOES THE REQUESTED ZONING GIVE REASONABLE CONSIDERATION TO THE
CHARACTER OF THIS DISTRICT?
The requested zoning, while potentially would provide for affordable housing in Kalispell, is
not necessarily compatible with the property immediately to the south, and the density
proposed offers no buffering from single family residential to anything north of the Underhill
Addition.
2
t- property is cm=tly vacantand would be developed into residential uses. A change:o
the RA- I zone would sipificantly kapact, erode, or devalue the neighbmtood beyond the type
4uses that are currently
.-t.' allowed a or thatexia to the
south, those y:,. being s t ... famity
residentiaL
ORDINANCE NO. 1234
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
PROPERTIES LOCATED NORTH OF THE UNDERHILL SUBDIVISION APPROXIMATELY
800 FEET EAST OF MERIDIAN ROAD AND ON THE WEST SIDE OF U.S. HIGHWAY
93 (PREVIOUSLY ZONED R-3, URBAN SINGLE FAMILY), RA-1, LOW DENSITY
RESIDENTIAL APARTMENT, IN ACCORDANCE WITH THE CITY -COUNTY MASTER
PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Richard and Judith Mohrenweiser, the owners of
properties located north of the Underhill Subdivision approximately
800 feet east of Meridian Road and on the west side of U.S. Highway
93 and more particularly described 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-1, Low Density Residential
Apartment, and
WHEREAS, the properties shown in Exhibit "A" exist as property
surrounded to the north and northwest by R-3 classification, to the
east is Highway 93 and beyond the highway is zoned H-1
classification, to the south is zoned R-3 classification, and to
the southwest is zoned RA-1 classification, and
WHEREAS, the petition of Richard and Judith Mohrenweiser was
the subject of a report compiled by the Flathead Regional
Development Office, #KZC-95-03, dated June 27, 1995, in which the
Flathead Regional Development Office evaluated the petition and
recommended that the properties as shown in Exhibit "A" be rezoned
RA-1, Low Density Residential Apartment, as requested by the
petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report rejecting FRDO Report #KZC95-03 as
findings of fact, adopting new negative findings and unanimously
recommending that the zone change from R-3, Urban Single Family, to
RA-1, Low Density Residential Apartment for the properties as shown
in Exhibit "A" be DENIED, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the properties as shown in Exhibit "A" RA-1, Low
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, more specifically the
North Meridian Neighborhood Plan, adopted in 1994.
1
According to the Neighborhood Plan, the property is
designated for "High Density Residential". This request
is considered in conformance with the Master Plan and was
expected.
Will the Requested Zone Secure Safety from Fire. Panic
and Other Dangers?
Development within the RA-1 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
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, any
specific development more intense than a duplex would
require a conditional use permit and/or subdivision
approval.
One limitation to developing this property would be the
topographic constraints. This limitation is not
considered severe enough to preclude development. The
cross slope of the property is approximately 18%.
Another limitation is the access, only a single point of
access is available to service the property. This is
Underhill Court where it extends to the north. This area
(Underhill) is in essence one cul-de-sac.
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 does support the requested zone change. This zone
would not intrude on the health or general welfare of
this particular neighborhood. 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 property is developed.
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 through a single family
neighborhood. A parcel of 1.8 acres could potentially be
developed with 26 units; however because of topographic
limitations and access, development would be expected to
be substantially less. The application indicates that
the intent is to subdivide the property into 5 lots for
duplexes. This is more realistic and would net 10 units.
Will the Requested Zone Avoid Undue Concentration of
People?
Concentration of people is a function of land use.
Development will certainly occur on this site if the zone
change is approved. The uses associated with the RA-1
zoning designatin anticipate a certain concentration of
people 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 outlined in the Neighborhood Plan, the RA-1 zone is
designed to be utilized for this area. The Underhill
Court north access was expected to serve as a street to
this property and also was expected to serve as access
north of the subject property. The new Neighborhood Plan
for this area amended this concept to limit access only
to the immediate north, the subject property. The
development constraints of the RA-1 zone are designed to
lessen congestion in the streets for any development by
requiring a conditional use permit for development over
a duplex, which may require two access points.
Additional demands for transportation, water, and sewer
collection as a result of development of the property
would be evaluated pursuant to individual development
proposals. Adequate services exist in the area. The
residential nature of this zone would impact schools and
parks. No significant impact is expected.
Does the Requested Zone Give Consideration to the
Particular Suitability of the Property for Particular
Uses?
This property is an expansion of the existing RA-1 zone
and is well suited for this change because of the types
of uses permitted in this zone, those being residential
3
in nature. The property in question appears to have a
cross slope of approximately 18%. This cross slope will
be an important consideration at the time of development
but is not considered a significant impediment to
development.
Does the Requested Zoning Give Consideration to the
Character of this District?
The property under consideration in this proposal fits
the character of the district because Kalispell has
amended its Master Plan for this area to create The North
Meridian Neighborhood Plan. This Neighborhood Plan and
its parent plan indicate the need for additional
affordable housing in Kalispell. It is the character of
the Kalispell District 'as outlined in the Neighborhood
Plan to help supply the jurisdiction with this housing
type. The RA-1 zone would help supply that need. The
zone is designed for multifamily uses customarily
considered to be the most affordable type of housing. To
the southwest is zoned the same and developed with
apartments. The requested zone change is not out of
character with the surrounding city as proposed by the
Master Plan.
Would lthe Proposed Zoning Conserve the Value of the
Buildings?
The property is currently vacant and would be developed
into residential uses. A change to the RA-1 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. If this property were to be developed as
apartments a conditional use permit would be required
which could buffer the single family development to the
south.
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
when developed. The Plan map specifically identifies
this location for this zone. The neighborhood consists
of residential uses. 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. Sectin 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-1, Low 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.
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
5
Douglas D. Rauthe, Mayor
EA
1
A tract of land situated, lying and being in the Government Lot 1 of Section 7, Township 28 North,
Range 21 West, P.M., M., Flathead County, Montana and more particularly described as follows
to wit:
Beginning at the SE corner of that tract of land described on Certificate of Survey No. 2486, said
point being the True Point of Beginning; thence
South 89059'35" East, a distance of 145.39 feet to a point on the westerly right-of-way of Highway
No. 93 and the point of curvature of a non -tangent curve, concave to the Northeast, having a radius
of 1512.50 feet, a radial bearing of North 58032'42% thence Southeast along said curve, through
a central angle of 13005'14% an are length of 345.48 feet to a point; thence
South 0033'50" West leaving said right-of-way, a distance of 31.86 feet to a point; thence
North 89037'58" West a distance of 121.16 feet to a point; thence
North 89021'58" West a distance of 263.55 feet to a point; thence
North 0023'56" West a distance of 299.87 feet to a point; thence
South 89057'22" East a distance of 24.83 feet to the place of beginning.
IN THE EVENT THE COUNCIL DETERMINES TO DEFEAT ORDINANCE NO. 1234, THE
FOLLOWING FINDINGS OF FACT SHOULD'GO IN THE RECORD:
�►,.� . t! �..:�:: s �, , !!.�► .: � �!_: +�# �r►' '' .11�� fir' � .� _��� ' �._;
The subject
property within lijurisdiction . the Kartspell City -County NIaster Plan,
.i more
specificallythe /._.lMeridian Neighborhood Plan,
.:. 1. adopted 1 1994.
According to the
Neighborhood Plan, theproperty designated ..te1 for "High Density ;,,s d".l 1 This request
is considered 1 generalw 1/ i..MasterPlan. However,1 property is better
suited as a transitionarea between the
single familyresidential
,.l1 anticipated high density
residential, because 1 problems associated with theexisting high density 1 i7,
development that is occurring in the area.
Development within the RA-1 zone is subject to certain standards including maximum building
height and the provision of off-stred 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 permits.
One limitation to developing this property would be the topographic constraints. The cross
slope of the property is approximately 18%. Another limitation is the access, only a single
point of access is available to service the property. This is Underhill Court where it extends
to the north. This area (Underhill) is in essence one cull -de -sac.
Because of the designated access, this zone change would not secure safety from fire, panic
and other dangers.
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 density of this zone would
intrude on the health or general welfare of this particular neighborhood. The surrounding uses
are not compatible with the proposed zoning classification.
f
Overcrowding of land can occur. when development out -paces or exceeds., the environmental
or service limitations of the property. Adequate kfiastructure is not in 'place in the area to
accommodate the land uses allowed in the requestedzone. Access is t! • t r 4 ShWefamily
neighborhood. parcel !. acres could potentially be developed with 26 units.
Concentration of people is of landuse.Development, ' ' S ' • V 1«. # "on, this
site if the zone change is approved. The uses and density associated f with &A�A- - I- Zo * 9
designationanticipate;certainconcentration of people d • • {create
unduehardship on
• " neighborhood with the addition of iunitson . acres.
S THE REQUESTED Z NE DESIGNED TO LE SEN NGESTION IN THE SET
AND FACILITATE THE ADEQUATE _ PROVISION OF TRANSPORTATION, WATER
SEWER SCHOOLS, PARKS AND OTHER PUBLIC REQUIREMENTS?
Based on the potential 26 unit development, this would result in over 182 vehicular trips per
day on what is essentially a very long cul-de-sac. The Underhill Court north access was
expected to serve as a street to this property and also was expected to serve as access north of
the subject property. The new Neighborhood Plan for this area amended this concept to limit
access only to the immediate north, the subject property. The development constraints of the
RA-1 zone are designed to lesson congestion in the streets for any development by requiring
a conditional use permit for development over a duplex, which may require two access points.
There is no potential for two access points, and the Master Plan specifically indicated that there
would be no through access. When the Neighborhood Plan was adopted, access from this
street out to Meridian Road was specifically excluded. Additional demands for transportation,
water, and sewer collection as a result of development of the property would be evaluated
pursuant to individual development proposals. Adequate services exist in the area. The
residential nature of this zone would impact schools and parks. A significant impact is
expected.
DOES THE REQUESTED ZONING GIVE REASONABLE CONSIDERATION TO THE
CHARACTER OF THIS DISTRICT?
The requested zoning, while potentially would provide for affordable housing in Kalispell, is
not necessarily compatible with the property immediately to the south, and the density
proposed offers no buffering from single family residential to anything north of the Underhill
Addition.
2
ly
The property is f and would • be
developed intoresidentialuses.change tozone
the R•would significantly impact, or
devalue
1f neighborhood f.tr 1 f• • f f thetyr-
of uses thatare i erii ♦ + tf or dud ocist to the south, those being shoe &mily
residential.
3
Consulting Engineers
August 17, 1995
Mr. John Parson
Flathead Regional Development Office
Senior Planner
723 5th Avenue East, Roam 414
Kalispell, MT 59901
RE: Petition for Zoning amendment (KZC-95-03)
Richard H. and Judith Delmoe Mohrenweiser
Tract 6B in Government Lot 1
Section 7, Township 28 North, Range 21 West, P.M.,M.
Flathead County, Montana
Dear John:
343 First Avenue W.
Kalispell, MT 59901
(406) 755.8707
FAX (406) 755.2613
With respect to the City -County Planning Boards decision and the concerned
neighbors, our client would like to request a 60 day extension for City Council
Review of the above mentioned. petition.
The additional time would afford our client an opportunity to research all of his
options and arrive at a amicable solution that would be palatable to all parties
and in keeping with the master plan.
I am confident that a resolution can be achieved by mid to end of October. Please
Advise.
Sincerely,
c: Richard & Judith Mohrenweiser
PJS95110
AUG I f 1995
6"-C---MLWT OFFM
We the undersigned residents of Underhill Court, West Arizona Street and vicinity, oppose the
proposed increase in the density to the property just north of Underhill Court. The proposed RA1
zone is too dense. The impact on the neighborhood from the Meridian Point complex is enough! '
, �24.
5-0 e-"q r--ti`S
TO: THE KALISPELL CITY COUNTY PLANNING BOARD
We the undersigned residents of Underhill Court, West Arizona Street and vicinity, o ose the
proposed increase in the density to the property just north of Underhill Court. The ro RA1
zone is too dense. The impact on the neighborhood from the Meridian Point comp ex is
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