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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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