08. Ordinance 1232 - Hagerman - Zone Change - 2nd ReadingORDINANCE NO. 1232
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
PROPERTIES LOCATED SOUTH OF 18TH STREET WEST ON THE WEST SIDE OF
AIRPORT ROAD (PREVIOUSLY ZONED RA-1, LOW DENSITY APARTMENT), RA-3,
RESIDENTIAL APARTMENT/OFFICE, IN ACCORDANCE WITH THE CITY -COUNTY
MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, William and Muriel Hagerman, the owners of properties
located south of 18th Street West on the west side of Airport Road,
as shown in Exhibit "A", attached hereto and therefore made a part
hereof, petitioned the City of Kalispell that the zoning
classification attached to the above described tract of land be
changed to RA-3, Residential Apartment/Office, and
WHEREAS, the properties as shown in Exhibit "A" exist as
property surrounded to the west by City RA-1 and County R-1
classifications, to the south by County R-1 classification, to the
east by I-1 and P-1 classifications, and to the north by B-2
classification, and
WHEREAS, the petition of William and Muriel Hagerman was the
subject of a report compiled by the Flathead Regional Development
Office, #KZC-95-04, dated August 29, 1995, in which the Flathead
Regional Development Office evaluated the petition and recommended
that the properties as shown in Exhibit "A" be rezoned RA-3,
Residential Apartment/Office, as requested by the petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report recommending the properties as shown in
Exhibit "A" be zoned RA-3, Residential Apartment/Office, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the properties as shown in Exhibit "A" RA-3,
Residential Apartment/Office; the City Council makes the following
based upon the criterion set forth in Section 76-3-608, M.C.A., and
State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602:
Does the Requested Zone Comply with the Master Plan?
The subject properties are within the jurisdiction of the
Kalispell City -County Master Plan and impacted by the
Airport Neighborhood Plan. According to the Master Plan,
the properties are designated for "High Density
Residential". This request is considered in conformance
with the Master Plan. The Airport Neighborhood Plan
impacts the northeast corner of the subject properties as
can be seen on the attached vicinity map. This impact
results from the Runway Protection Zone (RPZ) adopted for
the protection of the approaches to the runway. This RPZ
will limit any building of structures in the
1
redevelopment of the properties to the area outside of
the RPZ, essentially the southwestern portion of the
properties.
Will the Requested Zone Secure Safety from Fire, Panic
and Other Dangers?
Development within the RA-3 zone is subject to certain
standards including maximum building height and the
provision of off-street parking. Further, any
development of the properties is subject to review by the
City's Site Plan Review Committee, and requires the
issuance of City building, plumbing, and mechanical
permits. These requirements and review processes help
ensure that development of the properties subsequent to
the zone change is done in a safe manner. In addition,
any specific development more intense than a duplex would
require a conditional use permit and/or subdivision
approval.
One limitation to developing the corner property would be
the Runway Protection Zone constraints. This limitation
is not considered severe enough to preclude development.
However, it does limit development to the southwestern
portion of the property with parking allowed in the
eastern portion. Specific location of the RPZ would need
to be identified at the time of redevelopment of the
property it affects. This specific location would be
accomplished by having it surveyed at the time the
property is redeveloped.
Will the Requested Zone Change Promote the Health and
General Welfare?
The general purpose of the City's zoning ordinance is to
promote the general health and welfare and does so by
implementing the City/County Master Plan and its
amendments. The City's Master Plan does support the
requested zone change. This zone would not intrude on
the health or general welfare of this particular
neighborhood and with proper site planning all properties
can be developed safely. The surrounding uses are
considered compatible with the proposed zoning
classification.
Will the Requested Zone Provide for Adequate Light and
Air?
The parking, landscaping, and setback requirements of the
zoning ordinance would ensure that light and air are
adequately provided when the properties are redeveloped.
2
Will the Requested Zone Chancre Prevent the Overcrowding
of Land?
Overcrowding of land can occur when development out -paces
or exceeds the environmental or service limitations of
the property. Adequate infrastructure is in place in the
area to accommodate the land uses allowed in the
requested zone. Access to the properties is supplied
from Airport Road, a designated Collector, and 18th
Street West, a designated Minor Arterial.
Will the Requested Zone Avoid Undue Concentration of
People?
Concentration of people is a function of land use.
Development would occur more intensely on the properties
if the zone change is approved than would occur if no
rezone occurs. The uses associated with the RA-3 zoning
designation anticipate a certain concentration of people
and intensity of uses and should not create an undue
hardship on the neighborhood.
Is the Requested Zone Designed to Lessen Congestion in
the Street and Facilitate the Adequate Provision of
Transportation, Water, Sewer, Schools, Parks and Other
Public Requirements?
As indicated in the Master Plan, the RA-3 zone is
designed to be utilized for this area. Airport Road and
18th Street access was expected to serve these properties
and also was expected to serve as access to the north
into downtown Kalispell. The development constraints of
the RA-3 zone are designed to lessen congestion in the
streets for any development by requiring additional
review and a conditional use permit for development more
intense than a duplex. Additional demands for
transportation, water, and sewer collection as a result
of development of the properties would be evaluated
pursuant to individual development proposals. Adequate
services exist in the area. The residential/commercial
nature of this zone would impact schools and parks;
however, no significant impact is expected.
Does the Requested Zone Give Consideration to the
Particular Suitability of the Property for Particular
Uses?
These properties are a conversion of the existing RA-3
zone and are well suited for this change because of the
types of uses permitted in this zone, those being
residential and low intensity commercial in nature. The
properties are essentially flat and can accommodate the
3
expected uses allowed in the zone. The Runway Protection
Zone will be an important consideration at the time of
development of the properties in the northeast part of
the request, but is not considered a significant
impediment to development with proper site planning
techniques.
Does the Requested Zoning_Give Reasonable Consideration
to the Character of this District?
The properties under consideration in this proposal fit
the character of the district because the Master Plan for
this area calls out for High Density development and the
intent of the zone fits this location. The Master Plan
indicates the need for additional affordable housing in
Kalispell and the intent of the zone indicates this to be
a good location. The zone is designed for multifamily
uses customarily considered to be the most affordable
type of housing. The requested zone change is not out of
character with the surrounding city as proposed by the
Master Plan.
Would the Proposed Zoning Conserve the Value of the
Buildings?
The properties are currently developed with dwellings and
apartments and would be redeveloped into residential and
ti low intensity commercial uses. A change to the RA-3 zone
should not significantly impact, erode, or devalue the
neighborhood beyond the type of uses that are currently
allowed or that exist in the area, those being
residential and commercial. If these properties were to
be developed as apartments, a conditional use permit
would be required.
Will the Requested Zone Change Encourage the Most
Appropriate Use of the Land Throughout the Jurisdiction?
The requested zoning classification is consistent with
the Kalispell City -County Master Plan. This type of zone
and its associated land uses are expected in this area
and would provide the City with additional housing units
if developed. The Plan map specifically identifies this
location for this type of zone. The neighborhood
consists of residential and non-residential uses and
zones. The proposed zone change would be the most
appropriate use of the land.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
4
SECTION I. Section 27.02.010, of the Official Zoning Map
of the Kalispell Zoning Ordinance, (Ordinance #1175) is
hereby amended by designating the properties as shown in
Exhibit "A", attached hereto and therefore made a part
hereof, as RA-3, Residential Apartment/Office.
SECTION II. The balance of Section 27.02.010, Official
Zoning Map, City of Kalispell Zoning Ordinance not
amended hereby shall remain in full force and effect.
SECTION III. This Ordinance shall be effective thirty
(30) days from and after the date of its final passage
and approval by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL THIS DAY OF , 1995.
Douglas D. Rauthe, Mayor
ATTEST:
Debbie Gifford, CMC
Clerk of Council
5
17hat portion of the NE% of the NEIA of Section 19, Township 28 North, Range 21 West,
a describedasfollows:
Commencing at the NE comer of said Section 19; thence
south 88,012' West,along 1- North )>: of said Section 9 distance of ,t -..:+ to point
on the
Westboundary of )s. County'.i.;.t fil+::.l. as Airport--`t.'s,/ said pointbeing !.'. True
point of Beginning of the
tract to
be
!e I .1 thence illi ll 3gg'
Flat eaci Regional Development Office
723 5th Avenue East - Roam 414
Kalispell, Montana 59901
Phone: (406) 758-5980
September 18, 1995 Fax: (406) 758-5781
Bruce Williams, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Re: Hagerman, et al, Zone Change Request, RA-1 to RA-3
Dear Bruce:
The Kalispell City -County Planning Board and Zoning Commission held a public hearing on
September 12, 1995 concerning the following item:
A request by William and Muriel Hagerman, et al, to amend the Official Zoning
Map of the City of Kalispell. The property subject to the request is currently
zoned RA-1 (Low Density Residential Apartment). The request is to change the
zoning to RA-3 (Residential Apartment/Office).
The staff report was presented by John Parsons of the Flathead Regional Development Office.
The applicant was unable to attend the hearing because of medical reasons. There was no one
that spoke in favor of or in opposition to the request at the hearing.
The Zoning Commission adopted FRDO Report #KZC-95-04 as findings of fact, and
unanimously recommended that the zone change from RA-1 to RA-3 be APPROVED. Council
needs to wait for the minutes of the Planning Board meeting prior to taking final action on this
matter. However, this does not preclude discussion at Council workshop. This
recommendation is forwarded to City Council for final action on the petition for a zone change.
Please contact this Commission or FRDO if you have any questions.
Respectfully submitted,
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
, - e, , 4,? (�
Therese Fox Hash
President
TFH/JJP/dh
Attachments: FRDO Report #KZC-95-04
Application Materials
Minutes to follow under separate cover
cc: William and Muriel Hagerman, et al, 1818 Airport Rd., Kalispell, MT 59901
H:\...\1995\KZC95-04.TRM
Providing Community Planning Assistance To:
* Flathead County * City of Columbia Falls * City of Kalispell * City of Whitefish
HAGERMAN ZONE CHANGE REQUEST
CITY ,' KALISPELL
REPORTFRDO STAFF ,, 0,
AUGUST 99
William and Muriel Hagerman, et al, have petitioned to amend the Official Zoning Map of the
City of Kalispell. The properties subject to the request are currently zoned RA-1. The request
is to change the zoning to RA-3 (Residential Apartment/Office). The zone change request is
subject to a public hearing before the Kalispell City -County Planning Board and Zoning
Commission on September 12, 1995. The hearing will begin at 7:00 P.M. in the Council
Chambers at City Hall, 312 1st Avenue East. A recommendation from that body will be
forwarded to the Kalispell City Council for final action.
PROPOSED ZONING CLASSIFICATION
The RA-3, Residential Apartment/Office zoning classification is defined by the Kalispell Zoning
Ordinance as:
A residential apartment -office district to provide areas for professional,
governmental, and private offices, banks, and similar institutions, cultural and
governmental facilities and limited business at locations where they are
compatible with residential apartment uses and where it is not deemed desirable
- to permit a more intensive business activity of a retail nature.
This district serves as a buffer zone between other commercial districts and
adjacent residential areas. The location of this district depends on proximity to
major streets, arterials, and business districts. This district shall be located within
or adjacent to business corridors, shopping islands or the Central Business
District.
BACKGROUND INFORMATION
William and Muriel Hagerman, et al
1818 Airport Road
Kalispell, MT 59901
LOCATION:
The subject properties are located south of 18th Street West on the west side of Airport Road
in the City limits of Kalispell. The properties are approximately 4.8 acres and have access to
18th Street West and Airport Road. The properties are more particularly described in "Exhibit
A".
EXISTING ZONING AND LAND USE:
The subject properties are currently zoned RA-1 and have single family residences and
apartments constructed on them. Properties to the west are zoned City RA-1 and County R-I
and developed with a mobile home park in the RA-1 and scattered residences in the,lt 1. Ysouth
is zoned County R 1 and is open space and the floodplain of Ashley Creek. - Properties to the
east are zoned I-1 and P-1 and contain a variety of industrial type uses and the airport. To the
north is zoned B-2 and is vacant.
I ; . 1:! )"
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 Zane ComnIy With The Master Plan?
The subject properties are within the jurisdiction of the Kalispell City -County Master Plan and
impacted by the Airport Neighborhood Plan. According to the Master Plan, the properties are
designated for "High Density Residential". This request is considered in conformance with the
-' Master Plan. The Airport Neighborhood Plan impacts the northeast corner of the subject
properties as can be seen on the attached vicinity map. This impact results from the Runway
Protection Zone (RPZ) adopted for the protection of the approaches to the runway. This RPZ
will limit any building of structures in the redevelopment of the properties to the area outside
of the RPZ, essentially the southwestern portion of the properties.
Will The Requested Zone Secure Safety From Fire, Panic And Other Dangers?
Development within the RA-3 zone is subject to certain standards including maximum building
height and the provision of off-street parking. Further, any development of the properties is
subject to review by the City's Site Plan Review Committee, and requires the issuance of City
building, plumbing, and mechanical permits. These requirements and review processes help
ensure that development of the properties subsequent to the zone change is done in a safe
manner. In addition, any specific development more intense than a duplex would require a
conditional use permit andlor subdivision approval.
One limitation to developing the comer property would be the Runway Protection Zone
constraints. This limitation is not considered severe enough to preclude development. However,
it does limit development to the southwestern portion of the property with parking allowed in
the eastern portion. Specific location of the RPZ would need to be identified at the time of
2
redevelopment of the property it affects. This specific location would be accomplished by
having it surveyed at the time the property is redeveloped.
Will The Requested Change Promote The Health And General Welfare?
The general purpose of the City's zoning ordinance is to promote the general health and welfare
and does so by implementing the City/County Master Plan and its amendments. The City's
Master Plan does support the requested zone change. This zone would not intrude on the health
or general welfare of this particular neighborhood and with proper site planning all properties
can be developed safely. The surrounding uses are considered compatible with the proposed
zoning classification.
Will The Requested Zone Provide For Adequate Light And Air?
The parking, landscaping, and setback requirements of the zoning ordinance would ensure that
light and air are adequately provided when the properties are redeveloped.
Will The Requested Zone Change Prevent The Overcrowding_ of Land?
Overcrowding of land can occur when development out -paces or exceeds the environmental or
service limitations of the property. Adequate infrastructure is in place in the area to
accommodate the land uses allowed in the requested zone. Access is to the properties is
supplied from Airport Road, a designated Collector, and 18th Street West, a designated Minor
Arterial.
Will The Requested Zone Avoid Undue Concentration Of People?
Concentration of people is a function of land use. Development would occur more intensely on
the properties if the zone change is approved than would occur if no rezone occurs. The uses
associated with the RA-3 zoning designation anticipate a certain concentration of people and
intensity of uses and should not create a undue hardship on the neighborhood.
Is The Requested Zone Designed To Lessen Congestion In The Street And Facilitate The
Adequate Provision Of TranMortation. Water, Sewer, Schools, Parks And Other Public
Requirements?
As indicated in the Master Plan, the RA-3 zone is designed to be utilized for this area. Airport
Road and 18th Street access was expected to serve these properties and also was expected to
serve as access to the north into downtown Kalispell. The development constraints of the RA-3
zone are designed to lessen congestion in the streets for any development by requiring additional
review and a conditional use permit for development more intense than a duplex. Additional
demands for transportation, water, and sewer collection as a result of development of the
properties would be evaluated pursuant to individual development proposals. Adequate services
3
exist in the area. The residential/commercial nature of this zone would impact schools and
parks; however, no significant impact is expected.
DDThe Requested Zone Give Consideration To The Particular Suitability 4f The Propert.�r For
particular Uses?
These properties are a conversion of the existing RA-3 zone and are well suited for this change
because of the types of uses permitted in this zone, those being residential and low jntensity
commercial in nature. The properties are essentially flat and can accommodate the expected uses
allowed in the zone. The Runway Protection Zone will be an important consideration fit the time
of development of the properties in the northeast part of the request, but is not considered a
significant impediment to development with proper site planning techniques.
Does The Requested ZoningGive ive Reasonable Consideration To The Character Of This District?
The properties under consideration in this proposal fit the character of the district because the
Master Plan for this area calls out for High Density development and the intent of the zone fits
this location. The Master Plan indicates the need for additional affordable housing in Kalispell
and the intent of the zone indicates this to be a good location. The zone is designed for
multifamily uses customarily considered to be the most affordable type of housing. The
requested zone change is not out of character with the surrounding city as proposed by the
Master Plan.
Would The Proposed Zoning Conserve The Value Of The Buildings?
The properties are currently developed with dwellings and apartments and would be redeveloped
into residential and low intensity commercial uses. A change to the RA-3 zone should not
significantly impact, erode, or devalue the neighborhood beyond the type of uses that are
currently allowed or that exist in the area, those being residential and commercial. If these
properties were to be developed as apartments, a conditional use permit would be required.
Will The Requested Zone Change Encourage The Most Appropriate Use Of The Land
Throughout The Jurisdiction?
The requested zoning classification is consistent with the Kalispell City -County Master Plan.
This type of zone and its associated land uses are expected in this area and would provide the
City with additional housing units if developed. The Plan map specifically identifies this
location for this type of zone. The neighborhood consists of residential and non-residential uses
and zones. The proposed zone change would be the most appropriate use of the land.
4
The Kalispell City/County Master Plan designated this general area as High Density Residential.
The Master Plan anticipates the uses in this neighborhood. The surrounding uses are considered
compatible with the proposed RA-3 zoning designation with proper site planning.
It is recommended that the Kalispell City -County Planning Board and Zoning Commission adopt
this staff report as findings of fact and forward a favorable recommendation to City Council for
the requested zone change.
...KZC95-04. RA3
11:
A tract of land described as:
That portion of the NE'/a of the NE 1/4 of Section 19, Township 28 North, Range 21 West,
P.M.M., described as follows:
Commencing at the NE corner of said Section 19; thence
South 88112' West, along the North line of said Section 19, a distance of 30.0 feet to a point
on the West boundary of the County Road known as Airport Road, said point being the True
Point of Beginning of the tract to be described; thence continuing
South 88*12' West, along the North line of said Section 19, a distance of 132.0 feet; thence
South 0008' West, 75.0 feet; thence
North 88012' East 132.0 feet to a point on the West boundary of said Airport Road; thence
North 0006' East, along the West boundary of said Airport Road, 75.0 feet to the True Point
of Beginning.
Together with:
The Courtyard Subdivision.
Lilienthals Subdivision.
Lots lA and 1B of the Resubdivision of Lot 1, Browns Addition.
Lot 3A of Amended Lots 2, 3, 4 and 5, Browns Addition.
and
Lot 1, Purdys Addition to Kalispell.
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KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
MINUTES OF MEETING
SEPTEMBER 12, 1995
CALL TO ORDER The regularly scheduled meeting of the Kalispell City -County
AND ROLL CALL Planning Board and Zoning Commission was called to order by
Vice -Chair Pam Kennedy at 7:01 p.m. Board members present were
Walter Bahr, Robert Sanders, Mike Fraser, Milt Carlson, Michael
Conner and Pam Kennedy. Excused absences were Fred
Hodgeboom and Robert Lapp. President Therese Hash declared a
conflict of interest on the first two agenda items and did not
preside over the meeting during those public hearings. John
_ Parsons, Senior Planner represented the Flathead Regional
Development Office. Brian Wood, Zoning Administrator represented
the City of Kalispell. There were approximately 80 people in
attendance.
APPROVAL OF The minutes of the August 8, 1995 meeting were approved as
MINUTES submitted on a motion by Carlson, second by Conner. All members
present voted aye.
WEST
The first public hearing item was introduced which was a
`ef EVERGREEN
continuation of a request by Tom Sands on behalf of the Patty
MANOR /
Shelton Trust/Mike Seaman for preliminary plat approval of an
MANUFACTURED
amended submission on 12.08 acres of land, as a 44 space mobile
HOME PARK /
home park and one (1) space for a manger's residence. The
PRELIMINARY
project is to be known as West Evergreen Manor. The project
PLAT /
location is on the southeast corner of West Evergreen Drive and
CONTINUATION
River Road approximately 2000 feet west of US Highway 2 in the
NW 4 of Section 4, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana.
Staff Report
Parsons gave a detailed presentation of report #FPP-95-09. In
addition to the staff report, several letters were submitted to the
Board from various agencies that were received after the staff
report was written. The most significant effects of the proposed
subdivision is the impacts on the schools and road system. A
letter was received from the Evergreen School District. Two
letters were received from the County Road Department, one dated
September 8, which indicates upgrading for River Road and West
Evergreen Drive. A letter dated September 12 indicates what
those upgrades should be. These recommendations are
incorporated into additional conditions of approval handed out to
Board members. Based on staff's evaluation of the proposal, it is
recommended that preliminary plat be approved for West
Evergreen Manor for a total of 43 space mobile home park, subject
to 28 conditions of approval.
i
R-4 (COUNTY) City of Kalispell with an initial zoning classification of RA-1, Low
TO RA-1 (CITY) Density Multi -Family Residential. The parcel contains
approximately 6,000 square feet located approximately 150 feet east
of 5th Avenue East, 400 Feet south of 18th Street East.
Staff Report Parsons presented an overview of report #KA-95-9, and
recommended the requested RA-1 zone classification be granted
upon annexation.
Public Hearing Jon Marshall, 21128 East Shore, Bigfork, the property
owner/applicant, spoke in favor of the requested zone upon
annexation. It just makes sense for that piece of property, as it
is adjacent to similar properties in the area.
There being no further testimony either in favor or in opposition
to the requested zone change, the public hearing was closed and
it was opened to Board discussion.
Motion Fraser moved to adopt report #KA-95-9 as findings of fact, and
forward a favorable recommendation to City Council for the City
;K zone request of the Marshall Addition No. 269 with an initial
zoning of RA-1. Kennedy seconded. On a roll call vote all
- _ '<'> �; -:{ members present voted aye. The motion carried 7-0 in favor.
DYE ZONE Hash introduced the next public hearing on a request by William
CHANGE / and Barbara Dye and Benchmark Homes for a change in zone from
R-3 TO R-5 R-3 (Urban Single Family Residential) to R-5
(Residential/Professional Office) on approximately 0.87 acres. The
properties are 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 in the City
of Kalispell.
Staff Report Parsons presented report #KZC-95-05. The request was evaluated
in accordance with the necessary statutory criteria and staff
recommended that the zone be changed from R-3 to R-5.
Public Hearing The public hearing was opened to those in favor of the requested
zone change.
In Favor Tim Stresnick of Benchmark Homes, 185 Cheviot Loop, Kalispell,
spoke in favor of the zone change. The reason we are requesting
the zone change is that we would like to purchase this residence
and use it for our business. Our business is the designing and
building of custom homes and small commercial projects. We also
have a real estate company. The R-5 zone will allow us to operate
our businesses, which we feel are very consistent with what is
happening on North Meridian Road. With the widening to four -
lanes we feel it would be the best and appropriate use would be
as a business use. We would like to keep the architectural look.
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We love it and think it is beautiful and do not want to change
that, because it will be a great look for our building business.
We want to paint, put a new roof on it, landscape and refurbish
it.
Barbara Dye, 1060 North Meridian, stated that she was in favor of
the zone change, and felt the plan would put the property to
good use.
Bill Dye, 1060 North Meridian, said he was in favor of the zone
change request.
Mark Wedis, architect with Benchmark Homes, explained that their
company does not operate and store heavy equipment. This will
be a clean business use in the neighborhood. We want to maintain
the architectural integrity of the building.
Robert Putnam, 1080 North Meridian, which is two houses north of
this property, said I am in favor of this, because every year you
can see Meridian Road has two or three more businesses going in
there. It is not a desirable residential place anymore. When we
built out there in 1947, it was a nice quiet country road. Now,
every morning, the logging trucks shift coming into that STOP
sign, and start again, so it really bothers us every morning. You
c
can't even get onto North Meridian until after 9 a.m.
There were no other proponents. The public hearing was opened
to those opposed.
Opposition Robert Elwood, 209 Rosewood, said he was not opposed, but had
concern that there would be a big parking lot next to his
property that would impact the residential area. We like the area
the way it is now. It is a residential area, and we are concerned
that this will decrease the value of our property.
He submitted a letter from his neighbor who also had the same
concerns to the zone change, as follows:
Steve Cislo, 215 Rosewood Drive: I oppose the zone change
because it would reduce the value of my property.
There being no further opponents, the public hearing was closed
and the meeting opened to Board discussion.
Discussion Fraser commented that there are other more intensive zones in the
area, such as RA-1 and B-1, which allows much more intensive
uses. The R-5 is a residential zone and seems rather innocuous
in this particular area.
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Kennedy asked when the right of way for the widening of North
Meridian would be addressed?
Parsons responded that would be done with negotiations between
the City, the State and private property owners. We are
considering the ROW to be 80 feet, and any development that
occurs along Meridian Road is being requested to establish an
additional setback for their buildings and parking areas to allow
for landscaping.
Kennedy asked how the additional parking requirements will be
addressed?
Parsons responded that this application is for a zone change to
R-5, therefore any use allowed in the R-5 zone can go in there.
When the conversion of the property from residential to
commercial occurs, it has go through the Site Plan Review
Committee and obtain a building permit. It would not come to a
public hearing unless the use is required to have a conditional
use permit. Parsons went on to explain that when the North
Meridian Plan was being developed, this area was considered for
RA-3 zoning, which is a very intensive residential zone. We felt
that the R-5 request was a better use of the property than an
RA-3.
Hash remarked that North Meridian is being impacted severely by
'Vn
`' `bo the development that is occurring. Any zone change that would
y in some fashion, put a lid on a higher intensive use, I would be
supportive of. I feel that a low intensity commercial use would be
favorable over another apartment complex. You will not get the
traffic and numbers of bodies that you would with a multi -family
complex, as well as preserving the beautiful house.
Motion Kennedy moved to adopt report #KZC-95-05 as findings of fact and
recommend the zone be changed as requested from R-3 to R-5.
Fraser seconded. On a roll call vote all members present voted
aye. The motion carried on a 7-0 vote in favor.
HAGERMAN Hash introduced a request by Muriel Hagerman, et al, for a change
ZONE CHANGE f in zone from RA-1 (Low Density Residential Apartment) to RA-3
RA-1 TO RA-3 (Residential Apartment/Office). The properties are approximately
4.8 acres and are generally located on the south side of 18th
Street West and on the west side of Airport Road, with access to
both 18th Street West and Airport Road, and are more particularly
described in "Exhibit A" of report #KZC-95-04.
Staff Report Parsons presented an overview of report #KZC-95-04. The
requested zone change from RA-1 to RA-3 meets all the necessary
criteria, and staff recommended approval.
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Public Hearing The public hearing was opened.
In Favor Brian Wood, Zoning Administrator, represented the Hagermans and
the City of Kalispell. The City is one of the applicants as the
owner of the Courtyard Apartments. The emphasis behind the
Hagermans applying for this zone change is primarily the
changing character of the neighborhood down there. The traffic
has increased dramatically on Airport Road and 18th Street. A lot
of people are using Airport Road as a bypass to avoid traffic on
Hwy 93. The City has adopted a neighborhood plan for the
airport, and by doing so, the City plans to expand and improve
the airport, and expand commercial/industrial uses in that
neighborhood. The whole neighborhood got together to request
the rezone.
Parsons pointed out that there is one parcel left out of the rezone
request, which is a mobile home park.
There being no further public comment, the public hearing was
closed and the meeting opened to Board discussion.
Discussion Hash asked staff to read through the list of allowed and permitted
uses in the RA-3 zone.
Motion Kennedy moved to adopt FRDO staff report #KZC-95-04 as findings
of fact, and forward a favorable recommendation for the zone
change request from RA-1 to RA-3. Bahr seconded. On a roll call
vote all members present voted in favor. The motion carried 7-0.
TEXT Hash introduced a request by the City of Kalispell for a Zoning
AMENDMENT / Ordinance text amendment to change Section 27.26.050(22) Grocery
Supermarket or Supermarket parking requirements from one (1) parking space
Parking & per 100 feet of public floor area plus one (1) space per 200 square
Cluster feet of storage and office to 1 parking space per 250 feet of gross
Development floor area. In addition, changing Section 27.35.030(1) from
requiring a minimum of two (2) acres (21,300 square feet in the
Redevelopment Area) before a cluster development could be applied
for to 21,000 square feet minimum to begin a cluster development.
Staff Report Parsons presented staff's request to amend the zoning ordinance
text as proposed in FRDO report #KZTA-95-3, to change the ratio
for grocery store parking requirements and reduce the minimum
size for a cluster development in an urban setting.
Public Hearing The public hearing was opened. There was no one to speak either
in favor or in opposition to the text amendments. The public
hearing was closed.
Discussion The Board discussed the reasons and ramifications of the two
proposed text amendments.
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Brian Wood relayed information regarding parking requirements
for supermarkets, stating that Tidyman's engineers based their
needs on 4 spaces per 1,000 square feet of gross floor area. This
equates to 1 space per 250 square feet as proposed for the text
amendment.
The Board agreed that even during peak seasons, the parking at
Ticyman's is adequate. The concept of a cluster development is
to provide more green space and open areas. The Board
concurred with that and were favorable to the zoning ordinance
text amendments as proposed.
Motion Carlson moved that the Kalispell Zoning Ordinance text be amended
as proposed in report #KZTA-95-3, as follows:
Chapter 27.26 Off Street Parking.
Section 27.26.050(22). Grocery and supermarkets: 1 space per
250 square feet of gross floor area.
Chapter 27.35 Cluster Developments - Dwellings.
Section 27.35.030(1). Minimum area of the development shall be
not less than 21,000 square feet.
Kennedy seconded the motion. On a roll call vote Sanders, Bahr,
Carlson, Conner, Kennedy, Fraser and Hash voted aye. Motion
carried unanimously.
OLD BUSINESS Parsons announced that there was nothing on the agenda for the
October meeting. He suggested the Board hold a workshop at the
regular October meeting to discuss the revised subdivision
regulations. The Board requested that staff also schedule a
discussion of impact fees.
NEW BUSINESS The October meeting will be held on Thursday, October 12th, due
to the Columbus Day holiday.
ADJOURNMENT There being no further business, the meeting was adjourned at
10:00 P.M.
Therese xa' Val,P sident
Elizabeth Ontko, Recording Secretary
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