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4. Ordinance 1251 - Lantis Zone Change - 2nd ReadingAgenda -November 12, 1996 AGENDA ITEM 4 - ORDINANCE 1251 - LANTIS ZONE CHANGE-2ND READING BACKGROUNDICONSIDERATION: This is the continuance of our final reading of the zone change for the Lantis Development. The zone change approval to RA-1 will allow the project to move forward with the development of two 32-unit personal care facilities. RECOMMENDATION: As previously recommended by the Flathead Regional Development Office and City staff, I continue to concur with the approval of this zone change. ACTION REQUIRED: Final reading of the ORDINANCE will be needed to complete the council process for the zone change. ORDINANCE NO. 1251 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING PROPERTY KNOWN AS A PORTION OF TRACT 5AM IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED R-4 TWO- FAMILY, RESIDENTIAL), RA-1, RESIDENTIAL APARTMENT DISTRICT, IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Lantis Enterprises, Inc., the owner of property more particularly described in Exhibit "A", attached hereto and thereby 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, Residential Apartment District, and WHEREAS, the property as described in Exhibit "A" exists as property surrounded to the north by City R-4 and R-1 classification, to the east by City R-4 and R-1 classification, to the south by City RA-1 classification, and to the west by R-1 classification, and WHEREAS, the petition of Lantis Enterprises, Inc. was the subject of a report compiled by the Flathead Regional Development (_ Office, #KZC-96-02, dated October 1, 1996, in which the Flathead Regional Development Office evaluated the petition and recommended that the property as described above be rezoned RA-1, Residential Apartment District, as requested by the petition, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission issued a report recommending the property as described in Exhibit "A" be zoned RA-1, Residential Apartment District, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described in Exhibit "A" RA-1, Residential Apartment District, the City Council makes the following based upon the criterion set forth in Section 76-3-608, M.C.A., aid State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602: Does the Requested Zone Comply with the Master Plan? The Kalispell City -County Master Plan map indicates this area as Urban Residential which provides for a gross density of two to eight units per acre. Anticipated development would include single-family and duplex housing, manufactured housing on individual lots and 1 attached housing under a planned unit development concept where adequate open space is provided to compensate for increased density. Maximum density which would be permitted on the property proposed for rezoning could be calculated to be 45 duplex units or approximately 90 dwelling units under the master plan designation; or 41 duplex units under the RA-1 zoning. All multi -family projects under the proposed RA-1 zoning would require a conditional use permit. This rezoning request is in compliance with urban residential master plan designation. Is the Requested Zone Designed to Lessen Congestion in the Streets? This property is located between Three Mile Drive and Liberty Street and has access to both roadways. Both of these streets are paved, and Three Mile Drive is designated as a minor arterial in the Kalispell City - County Master Plan. Traffic coming to and from this area would generally use Three Mile Drive or Liberty Street. Without consideration being given to the accompanying conditional use permit, some additional traffic could be anticipated as a result of this zone change. However, the proposed personal care facility would not generate substantial traffic volumes. In any event, the existing roadways are adequate to accommodate anticipated traffic volumes which might be anticipated from rezoning this property. Will the Requested Zone Secure Safety from Fire, Panic and Other Dangers? It appears there is little risk from fire or other dangers which could be associated with this site because it is in a core urban area of Kalispell with fire and police services within one mile. Direct access can be provided from Three Mile Drive and a secondary access provided from Liberty Street. Although the topography of the site has some grades of approximately six percent, these should not impede emergency vehicle access if property developed. No significant impacts could be anticipated with regard to safety hazards, fire or other emergency situations. Will the Requested Zone Change Promote the Health and General Welfare? The general health and welfare of the community may be served by rezoning this property because there is good access to the site from major roads within or near the core urban area of Kalispell. If the site is developed as is proposed with accompanying conditional use permit application for two personal care facilities, an apparently growing housing need within the community can be met. Will the Requested Zone Provide for Adequate Light and Air? Setbacks, parking requirements and height limitations provided for in the zoning ordinance provides development standards which are intended to prevent the overdevelopment of properties. The proposed structures meet the setbacks requirements of the district as well as the height limits. Adequate light and air will be provided in this proposed zone. Will the Requested Zone Prevent the Overcrowding of Land or Undue Concentration of People? The minimum lot size for the proposed RA-1 zoning for this property is 6,000 square feet. The 5.7 acre parcel proposed for rezoning is not intended for further subdivision, but rather intended for development for two personal care facilities for the elderly. Development of this parcel is intended to be a single story residential structure with adequate parking, minimal lot coverage and adequate setbacks. When these properties are developed, it would be anticipated that they will meet these standards thus preventing the overcrowding of land. Will the Requested Zone Facilitate the Adequate Provision of Transportation, Water, Sewerage, Schools, Parks, and Other Public Requirements? All of the necessary public facilities which would be required for the development of this properties is generally in place. City water can be extended from either Northern Lights Boulevard, Liberty Street or Three Mile Drive, and City sewer would be extended from Northern Lights Boulevard to the west across an existing easement. Roadways serving the properties are paved, 3 well -maintained roads which can provide good access. Police and fire protection are nearby. Adequate infrastructure exists to accommodate future development of these properties. Does the Requested Zone Give Consideration to the Particular Suitability of the Property for Particular Uses? This zoning appears to be suited to this property because of its proximity to other types of similar buildings and uses, thus promoting compatibility and reducing potential conflicts. Currently, there are a number of multi -family developments to the south including a ten unit personal care facility under construction. A church is in the area along with a community park, both are within a reasonable walking distance. This property appears to be suited for the uses allowed in the proposed RA-1 zoning district. Does the Requested_ Zone Give Reasonable Consideration to the Character of the District? Properties to the south have been developed with a mix of two-family, multi -family, and some single-family residences. The proposal to place a personal care facility on this property is compatible with other uses in the area. Basic amenities and services exist in the area such as parks, churches, shopping, medical and dental services which would be in close proximity to this property. Any multi -family or non-residential use which might be proposed would be required to obtain a conditional use permit. The proposed rezoning gives reasonable consideration to the character of this area and the district. Will the Proposed Zone Conserve the Value of Buildings? The value of buildings would not appear to be effected by the proposed zone change because the uses allowed within the district area generally compatible with other uses existing in the area. Any potential use which might be more intensive would require a conditional use permit and a public hearing, thereby insuring an acceptable level of compatibility. 10 Will the Requested Zone Encourage the Most Appropriate Use of the Land Throughout the Jurisdiction? This rezoning appears to provide a reasonable and logical transition between the expanding urban residential uses in the core area of Kalispell and the lower density residential outside of this core area. The Master Plan anticipates urban residential development in this area. Additionally, full public services are available to serve the property including roads, water, sewer, police and fire. 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 property described in Exhibit "A" as RA-1, Residential Apartment District. 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 OF THE CITY OF KALISPELL THIS DAY OF , 1996. ATTEST: Debbie Gifford, CMC Clerk of Council 5 Douglas D. Rauthe, Mayor EXHIBIT "A" A tract of land located in the NW1/4 NE1/4 of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana and more particularly described as follows: Beginning at the Northwest corner of Deed Exhibit Book 523 Page 872, Flathead County Records, thence the following courses are along the boundary lines as shown on said Deed Exhibit, N89026'22"E, 35819 feet; S00000'17"E, 17935 feet; N89026'22"E, 12634 feet; S00008'34"E, 22467 feet; S0001013411W, 23735 feet, S89024109"W, 48992 feet, N00029'41"E, 64176 feet to the point of beginning. Containing 6.66 acres of land. C.1