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04. Hunter Annexation, Zoning and Subdivision RequestFlathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 April 17, 1996 Al Thelen, Interim City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 Re: Kit and Shelby Hunter Request for Annexation and Zoning Dear Al: Phone: (406) 758-5980 Fax: (406) 758-5781 The Kalispell City -County Planning Board and Zoning Commission held a public hearing at their regular meeting of April 9, 1996 at 7:00 p.m. in Kalispell City Council Chambers on the following agenda item: A request by Kit and Shelby Hunter for annexation into the City of Kalispell and initial zoning from County R-5, Two -Family Residential, to City R-4, Residential. The property proposed for annexation is located at 1400 4th Avenue West and contains approximately .45 of an acre. The property is further described as Assessor's Tracts 8T1A and 8TAB in the southwest quarter of the southeast quarter of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. A staff report was presented by Narda Wilson of the Flathead Regional Development Office who evaluated the proposal based upon the statutory criteria and recommended approval of the proposed City R-4 zoning for this parcel. She noted this district allows duplexes and is consistent with the surrounding zoning. A house is currently located on the property. The owner intends to convert the existing two story garage building into a single family residence. Additionally, she noted that a preliminary plat creating two parcels has been filed concurrent with the request for annexation and zoning which will require review by the City Council. At the public hearing, the property owner spoke in favor of the proposal. No one spoke in opposition. The Commission discussed the extension of water and sewer to the property and the abandonment of the existing drainfield. A motion was made to adopt Staff Report #KA-96-03 as findings of fact, and recommend approval of the proposed R-4 zoning. The motion was passed unanimously on an 8-0 vote. This recommendation is being forwarded to City Council for their April 22, 1996 work session and subsequent May 6, 1996 regular City Council meeting for final action on the request for annexation and initial City zoning. Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Al Thelen, Interim City Manager City of Kalispell Re: Kit and Shelby Hunter Request for Annexation and Zoning April 17, 1996 Page 2 Please contact this Commission or Narda Wilson at the Flathead Regional Development Office if you have any questions. Respectfully submitted, KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION Pamela J. B. Kennedy Vice President PJBK/NW /dh Attachments: FRDO Report #KA-96-03 Application Materials Minutes from the 4/9/96 Planning Board meeting c: Kit and Shelby Hunter 460 First Ave. E.N. Kalispell, MT 59901 KIT •` '' 7 is ► ANNEXATION AND ZONING REQUEST O /4 FLATHEADZONING AND ANNEXATION STAFF REPORT #KAL-96-3 REGIONAL DEVELOPMENT a R I R-.,-,i Kit and Shelby Hunter have petitioned for annexation into the city limits of Kalispell and initial zoning. This report evaluates the appropriate assignment of a City zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. A public hearing has been scheduled before the Kalispell City -County Planning Board and Zoning Commission for April 9, 1996 beginning at 7:00 PM. The Planning Board and Zoning Commission will forward a recommendation to the Kalispell City Council for final action. PROPOSED ZONING CLASSIFICATION The applicant has proposed a zoning classification of R-4, a Residential district. Currently, the property is zoned County R-5, a Two Family Residential district, under the Flathead County Zoning Regulations. The Kalispell Zoning Ordinance describes the intent of the R-4 district as follows: "A residential district with minimum lot areas. Development within the district will require all public utilities and all community facilities. Two-family dwellings are permitted in this district. " BACKGROUND INFORMATION The property owners have purchased this approximate one half acre parcel with the intent to create two lots, one with an existing house and one with an existing garage to be converted to a single family dwelling which will be made possible through the extension of services. A two lot subdivision has been filed concurrently with this annexation and zoning request. A. Petitioner and Owners: Kit and Shelby Hunter 460 First Avenue E.N. Kalispell, MT 59901 (406)758-4800 B. Location and Legal Description of Property: The property proposed for annexation is located at 1400 Fourth Avenue West, at the southern most end of Fourth Avenue West, and contains approximately .45 acres. The property is further described as Assessor's Tracts 8T1A and 8TAB in the southwest quarter of the southeast quarter of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. B. Existing zoning: Existing zoning on this property is County R-5, a Two -Family Residential district which is a residential district which allows duplexes and single family dwellings. The minimum lot size requirement is 5,400 ware feet. C. Proposed Zoning: City R-4 zoning has been proposed for this property. This is a Residential district which allows duplexes and single family dwellings. Minimum lot size for the R-4 district is 6,000 square feet. D. Size: The area proposed for annexation and zoning contains approximately 0.45 of an acre. E. Existing Land Use: A single-family dwelling is currently at the southern end of the parcel. An existing two story garage is at the north end of the property. The property owner plans to convert the garage to a single-family dwelling. F. Adjacent Land Uses and Zoning: The area is characterized by single family residential development on small lots to the north. Larger parcels with single family homes surrounds this property to the east, west and south. North: Single family residences; City R-4 zoning. East: Single family residence; County R-5 zoning. South: Single-family residence; County R-5 zoning. West: Single-family residence; City R-4 zoning. G. General Land Use Character: This area is generally high density residential in character except to the south where water and sewer has not yet been extended. Some of the property to the south is in the 100 year flood plain. This is on the fringe of urban residential development. AVAILABILITY OF PUBLIC SERVICES Full public services can be provided to this site. A separately prepared "Extension of Services Plan" discusses the provision of public services to this property. 2 G. Utilities and Public Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell or contract hauler available Electricity: Pacific Power Telephone: PTI service area Schools: School District #5 Fire: Kalispell Fire Department Police: Kalispell Police Department REACTION OF NEARBY PROPERTY OWNERS A notice of public hearing was mailed to property owners within 150 feet of the subject property approximately 15 days prior to the hearing. At the writing of the staff report, one inquiry was received by the Flathead Regional Development Office from the property owner directly to the . west who was concerned about her water supply. EVALUATION EASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-203, M.C.A. 1. Does the requested zone comply with the Master Plan? The property is designated by the Kalispell City -County Master Plan as "Urban Residential" which is defined as allowing two to eight units per acre. The requested R- 42 zoning classification is in conformance with that designation since it allows up to seven units per acre. 2. Is the requested zone designed to lessen congestion in the streets? No change is anticipated in the potential congestion by changing the zoning from County R-5 to City R-4 because of the similar density and uses allowed in the districts. 3. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access, turnaround and water supply is available to the site in the case of a fire. No features on the property exist which would compromise the safety of the public. Any new construction would be required to be in compliance with the building safety codes of the City which relate to fire and building safety. All municipal services including police and fire protection, water and sewer service is available to the area. 4. Will the requested zone promote the health and general welfare? The requested zoning classification will promote the health and general welfare by restricting land uses to those that would be compatible with the adjoining properties. Additionally, the existing house on the property is served by an on -site sewage treatment system. This will be hooked up to community sewer provided by the City of Kalispell at the time of annexation. 5. Will the requested zone provide for adequate light and air? Setback, height, and coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided. 6. Will the requested zone prevent the overcrowding of land? A change in zone from County R-5 to City R-4 will not result in any increase in the density which is currently allowed. All public services and facilities will be available to serve the site. This zone change will not result in an overcrowding of land. 7. Will the requested zone avoid undue concentration of people? Minimum lot standards and use standards as well as subdivision development standards will avoid the undue concentration of people at the time the property is developed. 8. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? All public services and facilities are currently available or can be provided to the property. Development should be encouraged in areas where these services are available. 9. Does the requested zone give consideration to the particular suitability of theVroperty for particular uses? The proposed RA zoning district is consistent with the surrounding zoning and land uses in the area and gives due consideration of the suitability of this property for the permitted uses in the district. 10. Does the requested zone give reasonable consideration to the character of the district? The general character of the area is small lot residential development. The same type of development can be anticipated to occur on this property and will be consistent with the character of the district. 4 11. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the RA zoning will promote compatible and like uses on this property as are found on other properties in the area. 12, Will the requested zone encourage the most appropriate use of the land throughout the municipality? Small lot residential development should be encouraged in areas were services and facilities are available such as is being proposed on this parcel. The proposed zoning is consistent with the master plan and surrounding zoning in the area. SUNMARY AND DISCUSSION The proposed City R-4 zoning is comparable to the existing County R-5 zoning with regard to uses, minimum lot size requirements, setbacks and building height. The extension of municipal services to the site can be easily accomplished which will ultimately result in the existing dwelling being converted from an on -site sewage treatment system to a community sewer system. Adequate access is available to serve the property and any future development will be consistent and compatible with existing development in the area. Insignificant impacts will result from the rezoning this property to R-4. RECOMMENDATION It is recommended that the Kalispell City -County Planning Board and Zoning Commission adopt Staff Report #KA-96-3 as findings of fact and forward a favorable recommendation to City Council for initial zoning of R-4, a Residential district, upon annexation into the City of Kalispell. 5 D .4F 113 V W, i NA , f' 1 DO CV8' The subject property is within the Service Area Boundary of the City of Kalispell as described by the Extension of Services Plan adopted by the City of Kalispell on November 5, 1995 (Resolution #4241). This broad -based extension of services plan, together with this "mini -plan" comprise the Extension of Services Plan for the Hunter annexation. EXISTING SERVICES: Water: A 6" water line exists on Fourth Avenue West north of this property. A service line will be extended to the property with the developer bearing all cost for the extension and connection. Sewer: An 8" sanitary sewer line exists parallel to the water line on Fourth Avenue West to the north of this property. The costs associated with extending the sewer line to serve this property will be paid for by the developer. Roads: Access to the property will be provided by way of Fourth Avenue West, a paved City roadway. No extension of the roadway will be required. Storm Drainage: No public storm drainage system is in the immediate vicinity of this property. Minimal impacts can be anticipated and it appears that storm drain runoff can be accommodated on -site. Other City Services: Police and fire protection, as well as refuse collection services, will be available to the area upon annexation to the city. The Fire Department will require an extension of the right-of-way and a turnaround at the end of Fourth Avenue West. Construction Standards: The extension of public infrastructure such as water and sewer will be required to be in accord with all City of Kalispell standards, specifications, and requirements and the cost will be borne by the developer. EXTENSION AND FINANCE STRATEGIES: Extension of service lines from Fourth Avenue West to the property will be required to be paid for by the developer. No main extensions appear to be required. No special assessments or financing appear to be required and any financing of these improvements would be borne by the developer. F:\...\KA96-03.RPT R 8SA 8GA 8R 8RB 808 80 8PA 3TE YEA _:T2B 8T6 8TSA Tl Im 37. 36'-' 8 @ 07'07' Gd . 30 .;Bl v 14004 L.rn/E 5w Y4 5E )/,f PEA C. Of �. NO.23 Fd - 5/8" R EbAR 'SAAJD5' µ STWA ST rl .. p8TMA BTIZE4R �..-' r 81TA gp.y�g STG STCTA $T-y� 81'W BrC. 87Y A BTYAS STYAD sTyAc. $TYAA 8T'Y 8 $rYD STYE W Q' 0 �A, a. 8T We 3> :y STIA 8rI . .. _ . $T Ac aTA i ST VA srvAC 87-VAD 8rVADq A Y ar4A p $TAA VICINITY.MAP ## ' S CALE ' . i "66 �tl. 3_ %1 +c1 . ••e� 1U JJ •�e t JZ +t.0 1uii. J31.1.�' 11LU JL@ 1.;1. LL RIMER 1 AND 2 SUTDIVISION STAFF PORT R-96-3 FLATHEAD REGIONAL DEVELOPMENT O CE APRIL 17, 1996 This is a report to the Kalispell City Council regarding a request for preliminary plat approval for a two lot residential subdivision in a proposed RA, a Two -Family Residential, toning district. A petition for annexation and initial zoning to R-4 zoning has been filed concurrently with this subdivisions request. A. Applicant: Q C. c E. Technical Assistance: Location: Kit and Shelby Hunter 460 First Avenue E. N, Kalispell, MT 59901 (406) 752-4800 Marquardt Surveying, Inc. 285 First Avenue E.N. Kalispell, MT 59901 (406) 755-6285 This site is located at the south end of Fourth Avenue West in the 1400 block of Kalispell. The property has access from Fourth Avenue West. The property can be described as the Assessor's Tracts 8TAB and 8TIA in the SE4 of Section 18, Township 28 North, Ranges 21 west, P.M.M., Flathead County, Montana. Parcel size: Lot 1: Lot 2: Existing Land Use: 0.45 acre 0.16 acre ( 6,970 st) 0.23 acre (10,019 sf) Single family residence Adjacent Land Uses and Zoning: The general character of this area is single -fancily residences on urban size lots with some larger properties to the south. This area is at the southwestern edge of the city limits. 1 J-s riot rLn:RZt.11 1L�.lri.' North: R-4, single family residences South: R-5 (County), large tract single family residences East: R-5 (County), large tract side family residences West: R-4, single family :residential F. Zoning: Pending City annexation and Toning to R-4, Residential minimum lot size: 6,000 square feet Maximum density: 7 dwellings per acre Minimum lot width. 50 feet Front setback: 15 feet Side setback: 5 feet Rear setback: 10 feet There is an existing hausa on proposed Lot Z which meet the required setbacks of the R- 4 district, as shown on the preliminary plat. There is an existing garage on proposed Lot I which will be converted to a single family residence. G. Relation to Master Pfau Map: The Kalispell City -County Master Plan designates this area as "Urban Residential." This subdivision is in compliance with the piaster plan with regard to the proposed lot size and the urban residential use proposed. H. Utilities/Services: Water: City of Kalispell Sewer: City of Kalispell Refuse: City of Kalispell Gas: Montana Power Company Electric: Pacific Power Police City of Kalispell Fire: City of Kalispell Schools: School District 5 I. Covenants: No covenants were submitted with the preliminary plat application. REVIEW AM FINDMGS OF FACT This application is reviewed as a minor subdivision in accordance with statutory review criteria and the City of Kalispell Subdivision Regulations. A. Effects on Health and Safety: Fire: The property is within the Kalispell Fire Department's service area. The property owner has extended the right-of-way to provide hammerhead turtnaround in the case of 2 nIil 1-�; I a j; Wl I'Ln,RLAV AL'4 :,,CY l."rt P A tV. 'J^Lj 111%t v�Vl i. 0 a fire emergency. No unusual concerns regarding fire safety or fire protection are related to this site or the proposed subdivision. A fire hydrant is located at the northeast corner of the property. Topography: The topography of the site is level with no potenial problems for development or public safety concerns. Roads: Access to the subdivision is at the end of Fourth Avenue West. Fourth Avenue West is a paved City street with a forty foot right-of-way. This forty foot right-of-way has been extended to provide for fire access and future extension of the roadway to the east if necessary. Access to the existing house will be provided from a flag extending to the terminus of the right-of-way . B. Effects on Wildlife and Wildlife Habitat: No significant impact to wildlife and wildlife habitat from the development of this additional parcel. This is on a fringe urban area. Some limited wildlife habitat may exist in the more rural area to the west, primarily birds and deer. C. Effects on the Natural Environment: No surface water is within the immediate area of this site which might be impacted by this development. Because this subdivision will be on public water and sewer, no impacts to groundwater can be anticipated. The existing house is an an on -site septic system which will be abandoned and hooked up to City sewer. Erosion and runoff problems should be limited because of the level topography of the site. Revegetation of the disturbed areas after development of the site will adequately control potential erosion and stormwater runoff. n. Effects on Local Services: Sewer: Kalispell public sewer is available to this site by extending a service Dine from the main located on Fourth Avenue West. The existing residence is currently served by an on -site septic system with will be abandoned. Water: Kalispell public water currently scrvcs the existing residence. An additional service line will be provided for the new home from an existing main on Fourth Avenue West. .Adequate water serve is available to accommodate the additional residence. Roads: An additional 10 vehicle trips per day onto Fourth Avenue West can be anticipated once the additional lot is developed. This is a City owned and maintained road which is adequate to accommodate the additional traffic. :Ai ,.�J X rLAILIZAL, zL•r _!:'t vrr,ir 1.1U AV, 4J^ i0c _:31 �, h E. F, A H. Schools: No substantial impact can be anticipated from approximately one additional school age child which might be generated as a result of this additional. lot. Parks: No parkland dedicated is required for this two lot residential subdivision. Police Protection: The site is served by the I{alispeli City Police Department. Minimal Impacts to the department can be anticipated. Fire Protection: Fire protection can be provided by the Kalispell City Fire Department. No unusual circumstances exists which would lender their ability to provide service to this subdivision. A hammerhead turnaround has been provided at the e:aei of the street which has been reviewed and approved by the fire chief. Refuse Disposal: Municipal refuse service is available to serve this property. Adequate space at the County landfill is available for the solid waste which will be generated by the subdivision. Medical Services: Kalispell Regional Hospital is approximately one mile frorn the site. ALERT helicopter and the ambulance services are available. Effects on Agriculture and Agricrtttural Water Users Facilities: No impacts to agriculture can be anticipated as a result of this subdivision since this is an urban area of the county. Compliance with Master Flan This subdivision is in compliance with the Urban Residential designation of the Kalispell City -County Master Plan. Compliance with Zoning Regulations This subdivision is in compliance with the R-4, Residential zoning for this property with regard to size, use and setbacks. Compliance with Subdivision Regulations: variance to cul-de-sac requirements for local streets, Section 24A-42, Table 1, minimum radius Consideration of the criteria for granting a variance to the minimum cul-de-sac radius requirements is discussed below. a. The granting of the variance will not be detrimental to the public health, safety, or general welfare or injurious to other adjoining properties; 4 i JJ "IX 1"L'�.1i:1;L' ttL;T .!1}I J „L I!t4 _VC i f' , � u'J 7 J L J io i � The topography of the site and access to the site is generally level. Fire danger in general is low because of the lack of fuel, generally level site and low density. It does not appear that the public health, safety or general welfare would be negatively effected by granting this variance. b. The conditions on which the request for the variance is band are unftw to the property on which the variance is sought and are not applicable generally to other property; This property is located at the end of a street which will not likely be extended directly south because there is a house in the direct path and because of the topoggmphy. If the applicants cannot obtain a variance, they will not be able to create these two (2) lots. C. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished by a mere inconvenience, if the strict letter of these regulations are enforced; Low fire danger, generally level topography and good access make this a reasonable variance request. An undue hardship would result if the strict letter of the regulations are observed because the property would not be able to subdivided because of the amount of land that would be required for a 100 foot radius cul-de-sac. d. The variance will not in any manner vary* the provisions of the zoning regulations or the comprehendve plan. No variance to zoning or element of the master plan would result from granting this variance. Based on the variance evaluation criteria above, it does not appear that there would be any substantial detrimental effects to the public health, safety or welfare nor would there be increased costs. A fire truck turnaround is being provided that will be subject to review and approval by the Kalispell fire chief. Staff would recommend that the City Council the variance request and allow the hammerhead tumaround rather than the 100 foot radius cul-de-sac. RECi[[lMh'iMDATION Staff recornmends approval of the preliminary plat subject to the following conditions to be met by the subdivider. 1. Water and sewer facilities shall be approved by the City of Kalispell and the Montana Department of Environmental (duality. The existing water and sewer lines shall be ::a.. 3, JV rnt i-J/ nza FLA.ti_r.L AL _+LI VE , , . i'T !ru. :v, �1.1r� surveyed and an easement shall be shown on the final plat in accordance with a plan approved by the City. 2. That the fire access and turnaround area shall be approved by the Kalispell Fire Department. 3. House numbers will be visible from the road either at the driveway entrance or on the building. 4. preliminary plat approval is valid for a period of three years. H:\...\KSR\96\KSR96-3.RPT L A PRELIMINARY SUBDIVISION PLAT OF "HUNTER I and ' SE 1/4, Sec. IS, T2SN R21 W Flathead County , Montano tires IY W4 �U AT Wt $TI STA Nrpp arm 1 VIGIN ITY MAP ScALE : t" _ 100' $Tv8 °r= IT%% gf, $TO 9rv�eA ��v _.--I °rfrA a fry 9T 4 4r1A STWO C ..' t� $YVROp LA 11L. r.L; LZ t'^r .,c rr.;. .[V, zi cbIV • DIM VHI$17' T +F Fd SPEW tWAfW F, , 62�1 't.i1R5EW' RAN of SPAI4GS 37,36' t a� LdT r T4etJ {,.b b ARO WD4� x S.I�b•ar'oT�w. � o.ta J Awe,• 1 045*4 9 ��fi` 61' LoT 2' ., 0.2 AC:ste, y 3 /AIF �v 30,&./ MW44' afi-W , LEGEND O SEr WK24' RlBAR wft PU1'JM CAA S"pco '71iss, *F*U0 5-tR6eAR'PU=NAM' PIAG. OF S. NO, 2312 OF0040 POW AS 1,10'rED s e-Nt..F .'.. I•.40' Co Ni 4e' 8D' NakrK LIAM 5w 14 SE'a G OF $, h!0 Fd, S& AMAR '6A40S' SF+91-aY L. f4ASA-HuNi'GR OWNER; wmpr.,�Et it-0 SoVTH MERIDIAN RO. KALIS PELL MT 5990 l NOTF-5.1 fit LOTS-T"0 BE SERVED 6Y CITY WAT'g*R ANA SEWBR. let LOTS TO BE' AMNICKED Td KAU5P(;'I,L AND 20NED R.4 . M 14M.M.