05. Ordinance 1229 - Dye Zone Change - 2nd ReadingORDINANCE NO. 1229
AN ORDINANCE TO AMEND SECTION 27.01.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175) BY ZONING
PROPERTIES LOCATED ON THE NORTHWEST CORNER OF LIBERTY STREET AND
MERIDIAN ROAD (PREVIOUSLY ZONED R-3, RESIDENTIAL), R-5,
(RESIDENTIAL/PROFESSIONAL OFFICE), IN ACCORDANCE WITH THE CITY -
COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Benchmark Homes, William and Barbara Dye, the owners
of properties located on the northwest corner of Liberty Street and
Meridian Road, more particularly described as Lots 5, 6, 7, and the
east 43 feet of Lot 9, Block 1, Adams Addition, petitioned the City
of Kalispell that the zoning classification attached to the above
described tract of land be changed to R-5, Residential/Professional
Office, and
WHEREAS, the properties described as Lots 5, 6, 7, and the
east 43 feet of Lot 9, Block 1, Adams Addition, exist as property
surrounded to the north, west and south by R-3 classification and
to the east by RA-1 classification, and
WHEREAS., the petition of Benchmark Homes, William and Barbara
Dye was the subject of a report compiled by the Flathead Regional
Development Office, #KZC-95-05, dated August 29, 1995, in which the
F<- Flathead Regional Development Office evaluated the petition and
recommended that the properties described as Lots 5, 6, 7, and the
east 43 feet of Lot 9, Block 1, Adams Addition, be rezoned as R-5,
Residential/Professional Office, as requested by the petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report recommending the properties described as
Lots 5, 6, 7, and the east 43 feet of Lot 9, Block 1, Adams
Addition, be zoned R-5, Residential/Professional Office, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the properties described as Lots 5, 6, 7, and the
east 43 feet of Lot 9, Adams Addition R-5, Residential/Professional
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 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 conformance with the Neighborhood Plan
and was anticipated. In addition, it would set the
desirable precedent for the balance of the properties
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along Meridian Road in this block to be rezoned to R-5
which is also expected to occur.
Will the Requested Zone Secure Safety from Fire, Panic
and Other Dangers?
Development within the R-5 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. Uses typically
found in this type of zone would include: a duplex per
lot, medical/dental clinics, professional offices, title
companies, real estate offices, photo studios, and travel
agencies.
One limitation to developing this property would be the
upgrade of Meridian Road to four lanes at this location.
This limitation is not considered severe enough to
preclude development. However, additional right-of-way
acquisition may be needed and access to these properties
might be difficult after the upgrade.
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's 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 intent.
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/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
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the property. Adequate infrastructure is in place in the
area to accommodate the land uses allowed in the
requested zone.
Will the Requested Zone Avoid Undue Concentration of
People?
Concentration of people is a function of land use.
Development will certainly occur on this site if the zone
change is approved. The uses associated with the R-5
zoning designation anticipate certain concentrations 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 discussed in the Neighborhood Plan, the R-5 zone is
designed to be utilized for this area. The development
constraints of the R-5 zone are designed to lessen
congestion in the streets for any development.
Additional demands for transportation, water, and sewer
collection as a result of redevelopment 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; the commercial aspect of the zone would not. No
significant impact is expected.
Does the Requested Zone Give Consideration to the
Particular Suitability of the Property for Particular
Uses?
This request introduces the R-5 zone into this area and
is well suited for this change because of the types of
uses permitted in this zone and its exposure to an
arterial; those uses being residential and office -type
commercial in nature.
Does the Requested Zoning Give Reasonable Consideration
to the Character of this District?
The property under consideration in this proposal fits
the character of the district because Kalispell has
adopted a Neighborhood Plan. This Neighborhood Plan and
its parent plan indicate the need for additional
affordable housing in Kalispell and the desire to allow
light commercial in this area. It is the character of
the Meridian Road area as outlined in the Neighborhood
Plan to help supply the jurisdiction with these types of
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uses. The R-5 zone would help supply that need. The
zone is designed as a transition/buffer zone between
higher intensity uses/arterial and the neighborhoods
behind them. The requested zone change is not out of
character with the surrounding city as proposed by the
Neighborhood Plan.
Would the Proposed Zoning Conserve the Value of the
Buildings?
The property is currently occupied by a house which would
be redeveloped into another R-5 use. A change to the R-5
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, since this
zone is designed to be used for the purpose of buffering.
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 commercial
and/or housing units when developed. The Plan map
specifically identifies this location for this zone. The
neighborhood consists of residential and non-residential
uses. The proposed zone change would allow the most
appropriate use of the land.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. Section 27.02.010, of the Official Zoning Map
of the Kalispell Zoning Ordinance, (Ordinance #1175) is
hereby amended by designating the properties described as
Lots 5, 6, 7, and the east 43 feet of Lot 9, Block 1,
Adams Addition, as R-5, Residential/Professional 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
(30) days from and after the
and approval by the Mayor.
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shall be effective thirty
date of its final passage
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL THIS DAY OF 1 1995.
ATTEST:
Debbie Gifford, CMC
Clerk of Council
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Douglas D. Rauthe, Mayor
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: Dye Zone Change Request, R-3 to R-5
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 Benchmark Homes and William and Barbara Dye to amend the
Official Zoning Map of the City of Kalispell. The property subject to the request
is currently zoned R-3 (Residential). The request is to change the zoning to R-5
(Residential/Professional Office) .
The staff report was presented by John Parsons of the Flathead Regional Development Office.
The applicants spoke in favor of the request. One person asked questions regarding the intensity
and types of uses in the requested zone. There was no one that spoke in opposition at the
hearing.
The Zoning Commission adopted FRDO Report #KZC-95-05 as findings of fact and
unanimously recommended that the zone change from R-3 to R-5 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,
KAL PELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
je�— 61A_
Therese Fox Hash
President
TFH/JJP/dh
Attachments: FRDO Report #KZC-95-05
Application Materials
Minutes to follow under separate cover
cc: Benchmark Homes, William & Barbara Dye, POB 7067, Kalispell, MT 59904
...1995 \KZC 95-05 . TRM
Providing Community Planning Assistance To:
* Flathead County * City of Columbia Falls * City of Kalispell * City of Whitefish
DYE ZONE CHANGE REQUEST
CITY OF KALISPELL
FRDO STAFF REPORT #KZC-95-05
AUGUST 29, 1995
Benchmark Homes and William and Barbara Dye have petitioned to amend the Official Zoning
Map of the City of Kalispell. The property is currently zoned R-3. The request is to change
the zoning to R-5 (Residential/Professional 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.
The R-5, Residential/Professional Office zoning classification is defined by the Kalispell Zoning
Ordinance as:
A district intended to accommodate professional offices where it is not deemed
desirable to permit a more intensive business activity of a retail nature. These
office structures need not be commercial in appearance; they shall be
architecturally harmonious with the adjacent residential structures. Such a district
should serve as a buffer between residential areas and other commercial districts
and should be associated with arterial or minor arterial streets.
PETITIONER:
Benchmark Homes,
William and Barbara Dye
PO Box 7067
Kalispell, MT 59904
LOCATION:
The subject property is located at the northwest comer of Liberty Street and Meridian Road
inside the City limits of Kalispell. The property is approximately 0.87 acres and has access onto
both Liberty Street and Meridian Road. The property is more particularly described as Lots 5,
6, 7, and the east 43 feet of Lot 9, Block 1, Adams Addition.
EXISTING ZONING AND LAND USE:
The subject property is currently zoned R-3. Properties to the north, west, and south are zoned
R-3 and have residences, to the east is zoned RA-1 and contains the Meridian: Point Apartments.
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 Comely 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. According to the
Neighborhood Plan, the property is designated for "High Density Residential". This request is
considered in conformance with the Neighborhood Plan and was anticipated. In addition, it
would set the desirable precedent for the balance of the properties along Meridian Road in this
block to be rezoned to R-5 which is also expected to occur.
Will The Requested Zone Secure Safety From Fire, Panic And Other Dangers?
Development within the R-5 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.
Uses typically found in this type of zone would include: a duplex per lot, medical/dental clinics,
professional offices, title companies, real estate offices, photo studios, and travel agencies.
One limitation to developing this property would be the upgrade of Meridian Road to four lanes
at this location. This limitation is not considered severe enough to preclude development.
However, additional right-of-way acquisition may be needed and access to these properties might
be difficult after the upgrade.
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's 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 intent.
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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/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.
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 R-5 zoning designation anticipate
certain concentrations 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
Requirements?
As discussed in the Neighborhood Plan, the R-5 zone is designed to be utilized for this area.
The development constraints of the R-5 zone are designed to lesson congestion in the streets for
any development. Additional demands for transportation, water, and sewer collection as a result
of redevelopment 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; the commercial aspect of the zone would not. No significant impact is
expected.
Does The Requested Zone Give Consideration To The Particular Suitability Of The Pro rtrty For
Particular Uses?
This request introduces the R-5 zone into this area and is well suited for this change because of
the types of uses permitted in this zone and its exposure to an arterial; those uses being
residential and office -type commercial in nature.
Does The Requested Zoning Give Reasonable Consideration To The Character Of This District?
The property under consideration in this proposal fits the character of the district because
Kalispell has adopted a Neighborhood Plan. This Neighborhood Plan and its parent plan indicate
the need for additional affordable housing in Kalispell and the desire to allow light commercial
in this area. It is the character of the Meridian Road area as outlined in the Neighborhood Plan
to help supply the jurisdiction with these types of uses. The R-5 zone would help supply that
need. The zone is designed as a transition/buffer zone between higher intensity uses/arterial and
3
the neighborhoods behind them. The requested zone change is not out of character with the
surrounding city as proposed by the Neighborhood Plan.
Would The Proposed Zoning Conserve The Value Of The Buildings?
The property is currently occupied by a house which would be redeveloped into another R-5 use.
A change to the R-5 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, since this zone is
designed to be used for the purpose of buffering.
Will The Requested Zone Change Encourage The Most AFp Rn to 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 commercial and/or housing units when developed. The Plan map
specifically identifies this location for this zone. The neighborhood consists of residential and
non-residential uses. The proposed zone change would allow 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 and along Meridian Road. The surrounding uses are considered compatible with
the proposed R-5 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.
... 951KZC95-05. R-5
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