11. Ordinance 1257 - Vista - Inital Zoning - 2nd ReadingAgenda -January 13, 1997
AGENDA ITEM 11 - ORDINANCE 1257-VISTA-INITIAL ZONING-2ND READING
January 21, 1997
AGENDA ITEM 8 - ORDINANCE 1257-VISTA-INITIAL ZONING-2ND READING
BACKGROUND/CONSIDERATION: The second reading will complete the
process for this rezoning.
ORDINANCE NO. 1257
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
PROPERTY KNOWN AS LONEPINE VIEW ESTATES, FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED COUNTY R-4, TWO-FAMILY RESIDENTIAL), TO CITY R-3,
A SINGLE-FAMILY RESIDENTIAL DISTRICT, IN ACCORDANCE WITH THE CITY -
COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Vista Construction Inc., the owner of property more
particularly described as Lonepine View Estates, 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-3, a single-family residential
District, under the City of Kalispell Zoning Ordinance, and
WHEREAS, said property exists as property surrounded to the
north by single-family residences; County R-4 and R-1 zoning, to
the east by single-family residences; County R-1 and City R-1
zoning, to the south byCounty SAG-10 zoning, undeveloped, and to
the west by single-family residence; County R-1 zoning, and
WHEREAS, the petition of Vista Construction Inc. was the
subject of a report compiled by the Flathead Regional Development
Office, #KA-96-08, dated December 2, 1996, in which the Flathead
Regional Development Office evaluated the petition and recommended
that the property as described above be initially zoned R-3, 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-3, Residential District, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone said property R-3, 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
C�mmi sioiers, Etc 590 P2d 602•
t
t. j\wp\ord\vista 1
Domes the--Re_gue_s-t-e_d_Zone_CQmply with the —Maser 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-3 zoning classification is in
conformance with that designation since it allows up to seven units
per acre.
No change is anticipated in the potential congestion by changing
the zoning from County R-4 to City R-3 because of the similar
density and uses allowed in the districts.
Will the Requested Zone Secure rom 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.
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.
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.
j\wp\ord\vista 2
Wi l l the_ Reques_bed_Zone-P-revent_ the overcro-wdirLc-of_Land--or_ Undue
Con c e nt r_a t.ion—ol_P-e-op-1 e _?
A change in zone from County R-4 to City R-3 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.
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.
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 RequeStesi Zone Czive Co.n.sideration to the_ 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.
The general character of the area is single family 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.
j\wp\ord\vista 3
Will-the-Pr-opos- d_ZoneCons_er--ve the-Value_of_R ildings-
Value of the buildings in the area will be conserved because the R-
3 zoning will promote compatible and like uses on this property as
are found on other properties in the area.
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.
j\wp\ord\vista 4
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION-3- 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 Lonepine View
Estates as R-3, 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 ,1997.
Douglas D. Rauthe, Mayor
ATTEST:
Debbie Gifford, CMC
Clerk of Council
j\wp\ord\vista 5
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
December 19, 1996
Clarence Krepps, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Re: Vista Construction Annexation and Initial Zoning (aka Lonepine View Estates)
Dear Clarence:
The Kalispell City -County Planning Board and Zoning Commission held a public hearing at their
regular meeting of December 10, 1996, at 7:00 p.m. in the Kalispell City Council Chambers. During
that meeting they considered a request by Vista Construction for annexation into the city of Kalispell
and initial zoning from County R-4, a Two -Family Residential district, to City R-3, a (single-family )
Residential district. The property proposed for annexation is a subdivision located south of Sunnyside
Drive approximately 500 feet and a 60-foot wide roadway easement directly west of Ashley Creek
which provides access to the property. The area to be annexed will be known as Lonepine View
Estates, a residential subdivision containing approximately 9.4 acres.
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 the proposed R-3 zoning.
She explained that the subdivision was designed, reviewed and approved with the intention of bringing
it into the city upon completion and zoning the property R-3, a single-family zoning district. The final
plat for Lonepine View Estates is being filed concurrent with this annexation request and will be
considered as a separate agenda item.
Please schedule this request for annexation and initial zoning for the December 30, 1996 City Council
work session and subsequent January 6, 1997 regular meeting.
Please contact this Commission or Narda Wilson at the Flathead Regional Development Office if you
have any questions regarding this matter.
Respectfully submitted,
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
Therese Fox Hash
President
TFH/NW/sm
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Clarence Krepps
Re: Vista Construction Annexation
December 19, 1996
Page 2 of 2
Attachments: FRDQ Report #KA-96-08 and back-up materials
Draft Minutes from the 12/10/96 Planning Hoard meeting
c: Glean Uskoski
Vista Construction, Inc.
14712 NE 82°d Ave
Vancouver, WA 98662
Debbie Gifford, City Clerk w/Att
R1... ITRANSMiI1KAM 9961KA96-8
VISTA CONSTRUCTION, INC. BY GLENN R. USKOSKI
FROM COUNTY R-4 TO CITY R-3
ZONING AND ANNEXATION STAFF REPORT #KA-96-8
FLATHEAD REGIONAL DEVELOPMENT OFFICE
DECEMBER 2, 1996
Vista Construction, Inc. has 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
December 10, 1996, beginning at 7:00 p.m. 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-3, a single family residential district,
under the City of Kalispell Zoning Ordinance. Currently, the property is zoned County R-4,
a Two Family Residential district, under the Flathead County Zoning Regulations.
BACKGROUND INFORMATION
The developer has petitioned annexation and initial zoning concurrent with application for final
plat approval of Lonepine View Estates, a 32 lot residential subdivision in southwest Kalispell.
When this project was initially proposed in February of 1994, a master plan amendment from
Suburban Residential to Urban Residential and a zone change from R-1 to R-4 was filed
concurrently on 250 acres in the southwest area of Kalispell. These amendments also included
the area known as Ashley Park
When the preliminary plat for Lone Pine View Lots subdivision was filed, it was intended that
the future rezoning of this property to City R-3 would be accomplished upon annexation to the
city,
A. Petitioner and Owners: Glenn R. Uskoski
Vista Construction, Inc.
14712 NE 82nd Avenue
Vancouver, WA 98662
Thor A. Jackola
Jackola Engineering
P.O. Box 1134
Kalispell, MT 59903
(406)755-3208
1
B. Location and Legal Description of Property:
The property proposed for annexation is located in the southwest part of Kalispell and
contains approximately 8.72 acres. The property can be described as Lot 2 of
Subdivision No. 117 and road easement located in Section 19, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana.
C. Existing zoning:
Existing zoning on this property is County R-4, a Two -Family Residential district which
is a residential district which allows duplexes and single-family dwellings. The minimum
lot size requirement is 6,000 square feet for a single family dwelling and 7,000 square
feet for a duplex.
D. Proposed Zoning:
City R-3 zoning has been proposed for this property. This is a Residential district which
allows single-family dwellings and low impact conditional uses. Minimum lot size for
the R-3 district is 7,000 square feet.
E. Size: The area proposed for annexation and zoning contains approximately 8.72 acres
and a road easement.
F. Existing Land Use: A new undeveloped subdivision, Lonepine View Estates, a 32 lot
residential subdivision comprises the the area proposed for annexation and initial zoning.
G. Adjacent Land Uses and Zoning:
The area is characterized by single-family residential development on small lots to the
north and east, larger tract parcels to the west and south.
North: Single-family residences; County R-4 and R-1 zoning
East: Single-family residences; County R-1 and City R-1
South: Undeveloped; County SAG-10 zoning
West: Single-family residences; C#y R-1 zoning.
H. General Land Use Character:
This area is a transition are between the urban fringes of the city of Kalispell and the
more rural outlying areas of the county. Most of the development in the area is single
family residential.
I. 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.
FA
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
EVALUATION BASED 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.
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-3
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-4 to City R-3 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 are 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 and
promoting the goals of the Master Plan.
M
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_2revent the overcrowding of land?
A change in zone from County R-4 to City R-3 will not result in any increase in the
density which is currently allowed, but would actually reduce the allowable number of
dwellings. 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 Iot 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 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
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 single family 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.
11. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the R-3 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
municiyality?
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.
In
EXHIBIT A
EXTENSION OF SERVICES PLAN FOR
VISTA DEVELOPMENT, INC.
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 Vista Development, Inc. upon annexation.
EXISTING SERVICES:
Water: An 8" water line has been installed as to the subdivision known as Lonepine Estates
along with two 8" inch mainline 6" fire hydrants.
Sewer: An 8" sanitary sewer line has been extended by the developer throughout the subdivision
according to City specifications.
Roads: Access to the property will be provided by way of roadways leading to and inside the
subdivision which have been built according to City standards. Access to Sunnyside Drive is
by way of a road easement through Lot 1 of Subdivision No. 117 which will also be annexed
to the city.
Storm Drainage: The storm drainage system has been reviewed and approved by the Kalispell
Public Works Department and the State Department of Environmental Quality. All necessary
improvements have been installed by the developer.
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 has reviewed and
approved the hydrants and their locations.
Construction Standards: The extension of public infrastructure such as water and sewer have
been installed in accordance with all City of Kalispell standards, specifications and requirements,
and the cost has been borne by the developer.
EXTENSION AND FINANCE STRATEGIES:
Any necessary improvements to the area proposed for annexation would be the responsibility of
the developer. No special assessments or financing appear to be required.
HA ... \REPORTS\KA\96\KA-08. RPT
SUrVLMARY AND DISCUSSION
Extension of municipal services to the subdivision to City standards has taken place, and have
been reviewed and approved by the Kalispell Public Works Department. 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-3.
RECOMMENDATION
It is recommended that the Kalispell City -County Planning Board and Zoning Commission adopt
Staff Report ##KA-96-8 as findings of fact and forward a recommendation to City Council for
initial zoning of R-3, a Residential district, upon annexation into the City of Kalispell.
VISTA DEVELOPMENT, INC. ANNEXATION
FILE # 96-8
EXHIBIT A
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