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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 k 3 ?7 Lit oezt1z-`- V-'UR - rn Al urrnP,4�9�. $r K OZPaS 03 �%i, �" AV no AYea 5 c' po Z71Na4tle f 0� s MT0Y)�T RA-1 ZOIV6 'avk Pci�t� y f r� vV 9 n Ro a �{G A SrrrE IL 613 f ACE ` �r G NaeaHtcr. a3z o \\\\T ` C /t 4 6Ti�1 533 rs9 6�5 Sb7 S6(Yys N�7 /�04ic- ' A Sr ,,. N6 z Mr[ E DR•