10. Ordinance 1264 - Knoll's Addition - Zone ChangeAgenda -June 16, 1997
AGENDA ITEM 10 - ORDINANCE 1264-KNOLL'S ADDITION ZONE CHANGE FROM
BACKGROUND/CONSIDERATION: This request related directly to a desire
to reduce side yard setbacks. The discussion of the board led to
a concern of drain field restrictions and the impact upon the
development that current setbacks have in terms of the types of
houses that are being or will be built on the lots.
RECOMMENDATION: Upon review of the minutes of the meeting and the
discussion points therein, I concur with the Planning Board's
opposition for this change in zoning.
ACTION REQUIRED: Approval of ORDINANCE 1264 will change the zoning.
Disapproval of the ordinance will concur with the recommendation
for no change in the zoning designation.
Planning Board minutes are included behind Agenda Item 6 (Buffalo
Commons).
ORDINANCE NO. __12_6.4_
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
PROPERTY KNOWN AS LOTS 9 THROUGH 16, BLOCK 5, KNOLL'S ADDITION
LOCATED IN SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED R-2 SINGLE FAMILY
RESIDENTIAL), R-3, URBAN SINGLE FAMILY RESIDENTIAL, IN ACCORDANCE
WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Lloyd L. Dahl Testamentary Trust; Ronald M. Henry,
Trustee, the owner of property more particularly described as Lots
9 through 16, Block 5, Knoll's Addition located in Section 17,
Township 28 North, Range 21 West, P.M.M., Flathead County,
petitioned the City of Kalispell that the zoning classification
attached to the above described tract of land be changed to R-3,
Urban Single Family Residential, and
WHEREAS, the property as described exists as property
surrounded to the North by Church R-2 classification, to the East
by City R-2, to the South by City R-2 classification, and to the
West by P-1 classification, and
WHEREAS, the petition of Lloyd L. Dahl Testamentary Trust;
Ronald M. Henry, Trustee was the subject of a report compiled by
the Flathead Regional Development Office, #KZC-97-01, dated May 5,
1997, in which the Flathead Regional Development Office evaluated
the petition and recommended that the property as described above
be rezoned R-3, Urban Single Family Residential, as requested by
the petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report recommending the property as described
be zoned R-3, Urban Single Family Residential, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described R-3, Urban Single Family
Residential, 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 Comm;ss.oners, Etc 590 P2d 602:
j:wp\ord\Knoll -1-
Doe -a the_ReLqu-e-_te�one__Comply with-the__Mas-ter-plan?
The Kalispell City -County Master Plan map designates this
area as Urban Residential. The proposed zoning would be
in general compliance with this master plan map
designation.
Is the Requested Zone DeB-i_gned_ to -Les stiori__in
the Streets?
Currently, the area proposed for rezoning has seven
buildable sites. The rezoning would not change the
number of allowable lots, hence there would not be a net
difference in the congestion in the streets which might
be created once these lots are fully developed.
100
A water main, fire hydrant and newly paved roadway have
been installed to serve these lots thereby securing
safety from an emergency situation. Building codes will
insure that the fire codes are met during the
construction of the buildings.
These are currently buildable lots which have been
approved by the City -County Health Department for on -site
sewage treatment systems. There would be an insignificant
impact on the general health and welfare of the community
with regard to the rezoning of these lots.
" Em
; -.R- .•-
Adequate light and air would be provided both by the
density in the district and the setback requirements for
structures.
The minimum lot sizes for these lots have been
j:wp\ord\Knoll -2-
established with the previous subdivision. No effect
with regard to the overall density of the area would
result with the proposed R-3 zoning on this property.
Most public services and facilities are available in
close proximity to this site such as fire protection,
police protection, schools, parks and recreation and a
good transportation system. The City -County Health
Department has approved the sewage treatment systems for
these parcels. Adequate services can be provided to
accommodate the development of these lots.
-JK19.1.- •
Currently this property is zoned for single family
residences. The change in zone will not change the
allowable uses on the property since the R-2 and R-3
zoning district are both single family residential, the
difference being that the R-2 zoning district requires
larger lots and greater setbacks. The requested zone
gives adequate consideration to the suitability of the
property for single family residential uses.
WAIII _11•- 4LIPAZW - IWO)W11*11- 041.- •4
•- ..
The character of the area is single family residential.
The requested zone is consistent with the uses in the
area since it is intended for single family residential
uses.
The value of buildings would be generally unaffected by
this change in zoning. The uses planned for these lots
are single family residences which would be consistent
and compatible with other buildings in the area which are
primarily single family homes.
j:wp\ord\Knoll -3-
W i l l—t_h_e__Re<lue-s t_ed—Zone___Encszurage—the_-Mos t__Appropr_i a_t_e
Use of the__Land--Throughout the _,Puri sdiction?
The master plan designates this area for urban
residential development. The zoning in the area and the
requested zoning are consistent with the land use
designation. The zoning is used as a tool to implement
the master plan thereby encouraging the most appropriate
use of land throughout the planning jurisdiction.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
S�OTMONL 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 as
Lots 9 through 16, Block 5, Knoll's Addition located in
Section 17, Township 28 North, Range 21 West, P.M.M.,
Flathead County as R-3, Urban Single Family Residential.
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\Knoll -4-
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
May 21, 1997
Clarence Krepps, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Re: Ronald Henry, Trustee- Zone Change Request - R-2 to R-3
Dear Clarence:
The Kalispell City -County Planning Board met on May 13, 1997 and held a public
hearing to consider a request by Ronald M. Henry, Trustee, for a zone change from R-2,
Residential to R-3, Residential to allow a five foot side yard setback rather than a ten
foot side yard setback on eight lots in Knoll's Addition which total approximately one
acre. The site is located between Woodland Avenue and Dry Bridge Park, north of Albina
Street on the west side of Memory Lane in Kalispell.
Narda Wilson of the Flathead Regional Development Office evaluated the proposal and
recommended approval of the requested zone change. She noted the circumstances of
this particular site which allow on -site septic systems as it relates to health regulations.
At the public hearing, the developer spoke in favor of the proposal. A letter in
opposition was received from adjoining property owners. No further public testimony
was given.
The Planning Board discussed the peculiar circumstances of the site and considered the
health and safety of lesser side yard setbacks as well the drainfield restrictions. A
motion to adopt Staff Report #KZC-97-1 as findings of fact and forward a
recommendation to approve the zone change, failed on a vote of 3 in favor, 4 opposed.
This item should be placed on the City Council agenda for the June 16, 1997 regular
meeting. Please contact this board or Narda Wilson at the Flathead Regional
Development Office if you have any questions regarding this matter.
Sincerely,
Kalispell City -County Planning Board
(2cla
J.B. Ke edy
Vice -President
PJBK/NW /eo
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Ron Henry Zone Change
May 21, 1997
Page 2
Attachments: FRDO Report #KZC-97-1 w/ application materials
Draft minutes of 5/ 13/97 Planning Board meeting
c: w/o Att: Ronald M. Henry, Trustee, P.O. Box 1450, Red Lodge, MT 59068
Carver Engineering, 1995 3rd Ave E, Kalispell, MT 59901
Debbie Gifford, Kalispell City Clerk
H:\...\1997\KZC971
RONALD M. HENRY, TRUSTEE
REQUEST FOR ZONE CHANGE FROM R-2 TO R-3
FLATHEAD REGIONAL DEVELOPMENT OFFICE
STAFF REPORT #KZC-97-1
MAY 5, 1997
A report to the Kalispell City -County Planning Board and the Kalispell City Council
regarding a zone change request from R-2 Residential, to R-3 Residential. A public
hearing has been scheduled before the Kalispell City -County Planning Board for May
13, 1997 beginning at 7:00 PM in the Kalispell City Council Chambers. The Planning
Board will forward a recommendation to the Kalispell City Council for final action.
The applicants are proposing to amend the Official Kalispell Zoning Map for several
parcels from the existing R-2, a Residential use district, to R-3, a Residential use
district.
A. Petitioner and Owners: Ronald M. Henry, Trustee
P.O. Box 1450
Red Lodge, MT 59068-1450
(406)446-1556
Technical Assistance: Tom Cowan, P.E.
Carver Engineering, Inc.
1995 Third Avenue East
Kalispell, MT 59901
(406)257-6202
B. Location and Legal Description of Property: The properties proposed for
rezoning are located between Woodland Drive and Dry Bridge Park north of
Albina Street. The area contains eight parcels which are part of a subdivision
which was created in 1946. The properties can be described as Lots 9 through
16, Block 5, Knoll's Addition located in Section 17, Township 28 North, Range 21
West, P.M.M., Flathead County.
C. Mdsting zoning: Currently this property is zoned R-2, a Residential use district
which requires a minimum lot size of 9,600 square feet and setbacks of ten feet
on the side yards, 20 from the front and back property boundaries and 20 feet on
a side corner. These zoning districts are generally found in areas where public
services and facilities are available.
D. Nature of Request and Proposed Zoning: The properties are being proposed for
rezoning to R-3, a Residential zoning district which has a minimum lot size
requirement of 7,000 square feet and lesser side yard setbacks than the R-2
zoning district. The R-3 district requires five foot side yard setbacks and 20 foot
setbacks in the front, rear and on the side corner.
These lots are approximately 50 feet wide which is below the minimum lot width
for R-2 of 70 feet and below the minimum lot width of the R-3 zoning district
which requires a minimum lot width of 60 feet. As previously mentioned, these
H
lots were created in 1946, prior to zoning in the area and prior to subdivision
regulations which require minimum lot standards for parcels not served by
community water and/or sewer.
It should be noted that these parcels are served by community water, but not
community sewer. A water main and utilities have been extended to the parcels.
Two road abandonments were done abandoning the unused roadways to the
west and the north of these parcels. An 40 foot easement was created to serve
the lots from the east side which ultimately reconfigured the lots. The roadway
(easement) and cul-de-sac were extended and paved to serve the parcels. The
roadway extension was an extension of Memory Lane.
During this process, these lots were reviewed by the Flathead City -County Health
Department for on -site sewage treatment facilities. These lots were created prior
to current subdivision law and were not required to go through the "subdivision"
process, nor were they part of a "boundary line adjustment" when the easements
were abandoned and' created.. Because of this, they are exempt from the
minimum lot size requirements of 20,000 square feet currently imposed by State
sanitation laws for parcels served by on -site sewage treatment systems and
community water. These parcels have been approved by the State and County
Health Departments for on -site sewage treatment systems. No replacement
drainfields are required. Lots 9 and 10 are required to be used as one lot and are
limited to a two bedroom home. Lot 11 is also limited to a two bedroom home.
Lots 12 through 16 have been approved for three bedroom homes. Drainfield
designs have been approved for specific areas toward the west ends of the lots
and do not allow for flexibility in their location.
It should also be noted that City sewer is currently a significant distance from
these lots and extending the mains to this area would not be economically
feasible for these eight lots.
E. Size: The area proposed for rezoning contains approximately one acre of land
total. The lots range in size from approximately 7,000 to approximately 9,000
square feet in size. These lots do not meet the minimum Square footage
requirements of the R-2 zoning district, but would meet the minimum square
footage requirements for the R-3 zoning district
F. Emisting Land Use: These lots are currently undeveloped
G. Adjacent Land Uses and Zoning.
North: Church, R-2 zoning
East: Single family residences, R-2 zoning
South: Single family residences, R-2 zoning
West: Dry Bridge Park, P-1 zoning
H. General Land UseCharacter:
The general land use character of this area is primarily residential in nature.
Although there is a church to the north of this property, alll other uses in the
immediate area are residential with the exception of the park. This area to the
west serves not only as a park, but is a natural slough area, which also serves as
a drainage retention area and contains high ground water on a year round basis.
2
I. Utilities and Public Services:
Sewer:
On -site sewage treatment systems
Water:
City of Kalispell
Refuse:
City of Kalispell
Electricity:
Pacific Power and Light
Telephone:
PTI service area
Schools:
School District #5
Fire:
City of Kalispell
Police:
City of Kalispell
J. Relation to zoning requirements:
With regard to lot size, the lots within this subdivision would meet the minimum
lot size requirement of 7,000 square feet for lots within the R-3 zoning district.
The minimum lot size requirement for the R-2 zoning district is 9,600 square
feet. Because these lots are only 50 feet in width, these lots would not meet the
60 foot lot width requirement of R-3 nor the 70 foot minimum lot width of the R-2
zoning district.
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,
no comments had been received by the staff.
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.
1. Does the requested zone comply with the Master Plan?
The Kalispell City -County Master Plan map designates this area as Urban
Residential. The proposed zoning would be in general compliance with this
master plan map designation.
2. Is the requested zone designed to lessen congestion in the streets?
Currently, the area proposed for rezoning has seven buildable sites. The
rezoning would not change the number of allowable lots, hence there would not
be a net difference in the congestion in the streets which might be created once
these lots are fully developed.
3. Will the requested zone secure safety from fire, panic, and other dangers?
A water main, fire hydrant and new paved roadway have been installed to serve
these lots thereby securing safety from an emergency situation. Building codes
will insure that the fire codes are met during the construction of the buildings.
Rezoning will not effect the risk and safety factors which might be associated
with this property.
3
4. Will the requested change promote the health and general welfare?
These are currently buildable lots which have been approved by the City -County
Health Department for on -site sewage treatment systems. There would be an
insignificant impact on the general health and welfare of the community with
regard to the rezoning of these lots.
S. Will the requested zone provide for adequate light and air?
Adequate light and air would be provided both by the density in the district and
the setback requirements for structures.
6. Will the requested zone prevent the overcrowding of land or undue concentration
of people?
The minimum lot sizes for these lots have been established with the previous
subdivision. No effect with regard to the overall density of the area would result
with the proposed R-3 zoning on this property.
7. Will the requested zone facilitate the adequate provision of transportation, water,
sewerage schools parks, and other public requirements?
Most public services and facilities are available in close proximity to this site
such as fire protection, police protection, schools, parks and recreation and a
good transportation system. The City -County Health Department has approved
the sewage treatment systems for these parcels. Adequate services can be
provided to accommodate the development of these lots.
8. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
Currently this propertrtyy is zoned for single family residences. The change in zone
will not change the allowable uses on the property since the R-2 and R-3 zoning
district are both single family residential, the difference being that the R-2 zoning
district requires larger lots and greater setbacks. The requested zone gives
adequate consideration to the suitability of. the ,property for _ single family
residential uses.
9. Does the requested zone give reasonable consideration to the character of the
district?
The character of the area is single family residential. The requested zone is
consistent with the uses in the area since it is intended for single family
residential uses.
10. Will the proposed zone conserve the value of buildings?
The value of buildings in the area would be generally unaffected by this change
in zoning. The uses planned- for these lots are single family residences which
would be consistent and compatible with other buildings in the' area which are
primarily -single family• ••
sk: k4 ...
11. Will the requested zone encourage the most appropriate use of the land
throughout the jurisdiction?
The master plan designates this area for urban residential development. The
zoning in the area and the requested zoning are consistent with that land use
designation. The zoning is used as a tool to implement the master plan thereby
encouraging the most appropriate use of land throughout the planning
jurisdiction.
V-
The net effect of the request for a zone change would be minimal with regard to impacts
in the area. Most of the lots proposed for rezoning have an approximate 50 foot lot
width. In determining a building site, the setbacks under the R-2 zoning require 20 feet
of the 50 foot lot width. Since the setbacks are measured from the eaves of the
building, this further reduces the building area by about two feet. Under the R-2
zoning, the buildable area would generally be about 28 feet wide. Allowing the property
to be rezoned to R-3 would reduce the setback requirements to five feet, thereby
increasing the buildable area to approximately 38 feet wide and allowing slightly more
flexibility in siting a home.
I La ! ` 10 1W I D . •
Staff recommends that the Kalispell City -County Planning Board and Zoning
Commission adopt FRDO staff report #KZC-97-1 as findings of fact and, based on these
findings, recommend to the Kalispell City County that the requested zone change from
R-2 to R-3 be granted.
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