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5A. Ashley Park - Ordinance 1252 - Zone Change - 1st ReadingAgenda -November 12, 1996 AGENDA ITEM 5 - ASHLEY PARK A. ZONE CHANGE B. ANNEXATION C. FINAL PLAT BACKGROUND/CONSIDERATION: I have enclosed the review and report transmitted from F.R.D.O. concerning this development. Upon review of the report and discussion of the Staff, we believe the requests are valid and city interests have been addressed. RECOMMENDATION: All of the City and planning requirements have been fulfilled. I recommend approval of all three actions for the Ashley Park Subdivision. ACTION REQUIRED: Passage of the ORDINANCE approving the zoning request is required. The annexation requires a RESOLUTION for approval and the final plat requires a MOTION for final approval. AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING PROPERTY KNOWN AS ASHLEY PARK PHASE II, FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-4, TWO-FAMILY RESIDENTIAL), TO CITY R-4, RESIDENTIAL, IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Somers Land Company, the owner of property more particularly described as Ashley Park Phase II, 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 R-4. A Residential District, under the City of Kalispell Zoning Ordinance, and WHEREAS, said property exists as property surrounded to the north by City R-4 and R-1 classification, to the east by County R-4 classification, to the south by County R-4 classification, and to the west by City R-4 classification, and WHEREAS, the petition of Somers Land Company was the subject of a report compiled by the Flathead Regional Development Office, #KA-96-05, dated November 4, 1996, in which the Flathead Regional Development office evaluated the petition and recommended that the property as described above be initially zoned R-4, a Residential district, upon annexation in the City of Kalispell, as requested by the petition, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission issued a report recommending said property be zoned as R-4, Residential District, and WHEREAS, after considering all the evidence submitted on the proposal to zone said property R-4, Residential District, 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—ComDlv with the Master Plan? The property is designated by the Kalispell City -County Master Plan as M :::U rban Residential; which is defined as allowing two to eight units per acre. The requested R74 zoning classification is in conformance with that designation since it allows up to seven units per acre. 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-4 to City R-4 because of the similar density and uses allowed in the districts. 1 Will the Requested Zone Slecure_Safetv from Fire, Pan and Other panrs? f 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. 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 and promoting the goals of the Master Plan. 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. Will thg ReQuested Zone Prevent thp Qvercrowding of Lgn!d or 11ndiae CQncgntratign of People? A change in zone from County R-4 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. Will the Requested Zone Facilitate the Adgquate Provisionof Tgangportation, Water, Sewerage, Schools, Parks and Other Public Eggpil:em-ents? 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. Does the Requested Zone Give Consideration to th!g Particular Suitability of the Property for Particular Uses? The proposed R-4 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 used in the district. 2 Does the Requested Zone Qive Reasonable Considgratign 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. Will the Proposed Zone Conserve the Value of Buildings? Value of the buildings in the area will be conserved because the R- 4 zoning will promote compatible and like uses on this property as are found on other properties in the area. Will the Reguested Zone Encourage thg Most Approl2riatg Usethe Land Throughout the Jurisdiction? 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. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: f- SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance #1175) is hereby amended by designating the property described as Ashley Park Phase II as R-4, Residential district, upon annexation into the City of Kalispell. 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 q Douglas D. Rauthe, Mayor Flathead a is al Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 November 15, 1996 Clarence Krepps, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 Re: Somers Land Company Annexation and Initial Zoning Dear Clarence: The Kalispell City -County Planning Board and Zoning Commission held a public hearing at their regular meeting of November 14, 1996, at 7:00 p.m. in Kalispell City Council Chambers on the following agenda item: t A request by Dennis Carver on behalf of Somers Land Company for annexation into the City of Kalispell and initial zoning from County R-4, Two -Family Residential, to City R-4, Residential. The property proposed for annexation is west of Airport Road in the southwest area of Kalispell and will be known as Ashley Park, Phase II. The subdivision which is proposed for annexation contains approximately 8.24 acres. The property can be described as a portion of Assessor's Tract 4+ located in the north half of the southeast quarter of Section 19. 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 previous preliminary plat approval. She recommended R-4 zoning, a Two Family Residential district. No one spoke at the public hearing. A motion was made to adopt FRDO Report #KA-96-05 as findings of fact, and recommend that this property be zoned R-4, Two Family Residential. The motion carried unanimously. Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Clarence Krepps November 15, 1996 Page Two This recommendation is forwarded to City Council for the November 18, 1996 regular City Council meeting. Please contact this Commission or Narda Wilson at the Flathead Regional Development Office if you have any questions regarding this matter. Respectfully submitted, Therese Fox Hash President TFH/NW/gm Attachments: FRDO Report #KA-96-05 Application Materials Minutes from the 11/14/96 Planning Board meeting c: Somers Land Development, 1995 Third Ave. E. , Kalispell, MT 59901 HA \ ... \KAL\ 1996\KA96-5 A . TRM FTK1ALISPELL CITY -COUNTY PL _NNING BOARD AND ZONING COMMISSION MINUTES OF MEETING NOVEMBER 14, 1996 CALL TO ORDER The regularly scheduled meeting of the Kalispell City -County Planning AND ROLL CALL Board and Zoning Commission was called to order at 7:02 p.m. by President Therese Hash. Board members present were Fred Hodgeboom, Pam Kennedy, Jean Johnson, Bob Sanders, Joe Brenneman, Walter Bahr, Mike Conner, Milt Carlson and Therese Hash. The Flathead Regional Development Office was represented by Narda Wilson, Planner II, and Steve Kountz, Senior Planner. The City of Kalispell was represented by Diana Harrison, Zoning Administrator. There were approximately 15 people in the audience. APPROVAL OF The minutes of the meeting of October 8, 1996, were approved as written MINUTES on a motion by Bahr, second by Johnson. All members present voted aye. SOMERS LAND The first public hearing was introduced on a request by Dennis Carver on COMPANY ZONE behalf of Somers Land Company for annexation into the City of Kalispell CHANGE / FROM and initial zoning from County R-4, Two -Family Residential, to City R-4, COUNTY R-4 TO Residential. The property proposed for annexation is west of Airport CITY R-4 Road in the southwest area of Kalispell and will be known as Ashley Park, F, Phase II. The subdivision which is proposed for annexation contains approximately 8.24 acres. The property can be described as a portion of Assessor's Tract 4+ located in the north half of the southeast quarter of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County. Staff Report Wilson presented an overview of report #KA-96-5. The applicant's request for an initial zone of R-4 upon annexation into the City of Kalispell is a condition of preliminary plat approval. The request meets all the necessary criteria, and staff recommended that a favorable recommendation be sent to City Council granting the rezone from County R-4 to City R-4 upon annexation. Public Hearing The public hearing was opened to those in favor of the requested zone change. No one spoke either in favor or in opposition to the requested zone change upon annexation into the City of Kalispell. Motion Bahr moved to adopt report #KA-96-3 as findings of fact, and recommend to City Council that the initial zoning from County R-4 to City R-4 be granted upon annexation. Johnson seconded. On a roll call vote, all members present voted aye. The motion carried unanimously.