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Staff Report - Peterson ZoningPLANNING FOR THE FUTURE MOWANA REPORT TO: Doug Russell, City Manager X_ FROM: Jarod Nygren, Senior Planner SUBJECT: KZC-18-01 — Peterson Zone Change MEETING DATE: May 7, 2018 Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannin BACKGROUND: A request from Jeremy Peterson to amend the city zoning map from R-3 (Residential) to RA-1 (Residential Apartment). The applicant requested the RA-1 Zone because it is the zoning district on the properties bordering the subject property to the north, thus the request would be an extension of that zone. The application proposes two properties for the rezoning. One of the properties is .24 acres and contains a residence and garage owned by the applicant. The second 1.01-acre property is located immediately east of the property mentioned above. The 1.01-acre parcel will allow for a small infill project that will complement neighboring development to the north. The applicant's goal is to subdivide the 1.01-acre property and construct two-family residential housing. The request was reviewed in accordance with Chapter 27.29 of the Kalispell Zoning Ordinance. The property is located at 435 College Avenue and can be legally described as Parcel B of Certificate of Survey 2652 and Tract 1 of Certificate of Survey 3235 in Section 17, Township 28N, Range 21 W, P.M.M., Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing on April 10, 2018, to consider the zone change request. Staff recommended that the Planning Board adopt the staff report KZC-18-01 as findings of fact and recommend to the Kalispell City Council that the zone change request be approved. During the public comment portion of the hearing, multiple neighboring property owners spoke in opposition to the proposed zone change. Their concerns were that the project could be developed as multi -family, which they did not feel was consistent with single-family neighborhood to the south and the increased traffic that would come with the increased density. They were also worried that if the zone change was approved it would potentially allow for further "creep" of multi -family zoning in the future. There being no further public testimony, the public hearing was closed and a motion was presented to adopt staff report KZC-18-01 as findings of fact, and recommend to the Kalispell City Council that the zone change be approved. The Board discussed the option of the R-4 Zone rather than the RA-1 Zone, as the R-4 Zone would allow for the developer to build two-family housing while at the same time removing the option for multi -family development. Staff clarified the R-4 Zoning, which would increase the density by four (4) dwellings units to a maximum of eight (8) dwelling units if the property is zoned R-4. The existing R-3 Zone would permit a maximum of four (4) dwelling units. Staff further clarified that the R-4 Zoning was consistent with the RA-1 Zoning to the north, with the exception that it would not allow multi -family housing. The Board further discussed the proposed zone change, at which time a motion was presented to amend the request by amending the zoning map to R-4 rather than RA-1. Further discussion concluded the amendment was appropriate and the motion was approved unanimously. Board discussion concluded that the zone change was appropriate, and the original motion, as amended passed unanimously on roll call vote. RECOMMENDATION: It recommended that the Kalispell City Council approve the first reading of Ordinance 1807, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, by zoning certain real property described Parcel B of Certificate of Survey 2652 and Tract 1 of Certificate of Survey 3235 in Section 17, Township 28N, Range 21W, P.M.M., Flathead County, Montana.to City R-4 in accordance with the Kalispell Growth Policy Plan — It 2035, and to provide an effective date. FISCAL EFFECTS: There are no anticipated fiscal impacts anticipated. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1807 April 10, 2018, Kalispell Planning Board Minutes Staff Report Application Materials & Maps c: Aimee Brunckhorst, Kalispell City Clerk 2 JEREMY PETERSON REQUEST FOR ZONE CHANGE FROM R-3 to RA-1 STAFF REPORT #KZC-18-01 KALISPELL PLANNING DEPARTMENT March 21, 2018 The following is a report to the Kalispell City Planning Board and the Kalispell City Council regarding a request to change the City of Kalispell Zoning Map from R-3 (Residential) to RA-1 (Residential Apartment) at 435 College Avenue. A public hearing has been scheduled before the Kalispell City Planning Board for April 10, 2018 beginning at 6:00 PM, to consider the zone change request. The planning board will forward a recommendation to the Kalispell City Council for consideration. BACKGROUND INFORMATION A request from Jeremy Peterson to amend the city zoning map from R-3 (Residential) to RA-1 (Residential Apartment). The application proposes two properties for the rezoning. One of the properties is .24 acres and contains a residence and garage owned by the applicant. The second 1.01-acre property is located immediately east of the property mentioned above. The property is mostly vacant with the exception of some small accessory structures. The 1.01- acre parcel will allow for a small infill project that will complement the neighborhood. The applicant's goal is to subdivide the 1.01-acre property and construct two-family residential housing. The units and density would be similar to that of the neighboring properties to the north. The request will be reviewed in accordance with Chapter 27.29 of the Kalispell Zoning Ordinance. A. Petitioner / Owner: Jeremy Peterson P.O. Box 8271 Kalispell, MT 59901 B. Location and Legal Description of Property: The property is located at 435 College Avenue and can be legally described as Parcel B of Certificate of Survey 2652 and Tract 1 of Certificate of Survey 3235 in Section 17, Township 28N, Range 21W, P.M.M., Flathead County, Montana. C. Existing Land Use and Zoning: The existing land use within the rezoning area is single-family residence, appurtenant structures and vacant land. The subject property is currently zoned R-3 (Residential). The Kalispell Zoning Regulations state that the intent of the R-3 zoning district is "to provide areas for urban residential development. This district should have good thoroughfare access, and be in proximity to community and neighborhood facilities, i.e., schools, parks, shopping areas, etc. Development within this district must be served by all public utilities. This zoning district would typically be found in areas designated as suburban residential or urban residential on the Kalispell Growth Policy Future Land Use Map." D. Proposed Zoning: The proposed zoning for the subject property is RA-1 (Residential Apartment). The Kalispell Zoning Regulations state that the RA-1 Zone is: "A residential district intended to provide for urban areas for multi -family use and compatible non-residential uses of medium land use intensity. It should be served with all public utilities and be in close proximity to municipal services, parks, or shopping districts. This zoning district would typically be found in areas designated as urban residential or high density residential on the Kalispell Growth Policy Future Land Use Map." E. Size: The zone change request covers a total area of 1.26 acres. F. Adjacent Zoning: North: RA-1 East: R-3 South: R-3 West: R-3 G. Adjacent Land Uses: North: Single-family residences, townhouses, Mobile Home Park East: Single-family residence South: Vacant land West: Single-family home and city park H. General Land Use Character: The character of the neighborhood is residential/mixed density. There are two unit townhomes, four unit condominiums, 30 unit manufactured home park and single-family homes all in the immediate vicinity. The higher density developments are to the north of the subject property and the single-family residences are primarily to the southeast along Sylvan Drive. The subject property is located at the transition point between the two development patterns. I. Utilities and Public Services: Sewer: City sewer Water: City water Refuse: City collection services Electricity: Flathead Electric Cooperative Telephone: CenturyLink Schools: Kalispell School District #5 - Hedges Elementary Fire: Kalispell Fire Department Police: Kalispell Police Department 2 J. Public Comment: Notices of the proposed zone change request were sent to adjacent landowners within 215 feet of the affected areas. To date, no public comments have been received. EVALUATION BASED ON STATUTORY CRITERIA This report evaluates the zoning map amendment request in accordance with state and local regulations. The statutory basis for reviewing a change in zoning is set forth by Section 27.29.020 of the Kalispell Zoning Ordinance and 76-2-303 M.C.A. Findings of Fact for the zone change request are discussed relative to the itemized criteria described by 76-2- 304, M.C.A. The subject property is currently zoned city R-3. The applicant is requesting city RA-1. The Kalispell Zoning Regulations state that the RA- 1 Zoning District is "a residential district intended to provide for urban areas for multi -family use and compatible non-residential uses of medium land use intensity. It should be served with all public utilities and be in close proximity to municipal services, parks, or shopping districts. This zoning district would typically be found in areas designated as urban residential or high density residential on the Kalispell Growth Policy Future Land Use Map." 1. Does the requested zone comply with the growth polio`.? The proposal is consistent with the goals and policies of the growth policy. The Growth Policy Plan -It 2035, Community Growth and Design Chapter, states to encourage housing types that provide housing for all sectors and income levels within the community. Additionally, infill development is encouraged within the Growth Policy to lessen impacts on sensitive lands and provides additional housing opportunities where services are available. City services including, sewer, water and streets are in the vicinity and available to the subject property. Lastly, the area to be rezoned is designated as Urban Residential on the Kalispell Growth Future Land Use Policy Map. Both the requested RA-1 and existing R-3 zoning districts would typically be found in areas designated as Urban Residential. 2. Will the requested zone have an effect on motorized and non -motorized transportation systems? The requested zoning of RA-1 will have minimal effect on the motorized and non -motorized transportation system. The RA-1 Zone will allow for more density; however, the additional density that would be permitted would be negligible. If the property were to be developed with two-family residential (townhouses/duplex) you would expect four additional residential units on the property than if it were developed as single-family. Four additional units would not have a negative effect on the existing transportation system. Additionally, if the property were to develop as multi -family (conditional use in the RA-1 Zone), the project would be reviewed by the city Site Review Committee to ensure any impacts to the transportation system are adequately addressed. 3 3. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access and public facilities are available to the property in the case of an emergency. There are no features related to the property which would compromise the safety of the public. All municipal services including police and fire protection, water and sewer service are available to the area. City of Kalispell fire station 61 is less than one mile from the site. 4. Will the requested zone promote the public health, safety and general welfare? As with safety from fire and other dangers, the general health, safety, and welfare of the public will be promoted through general city regulations designed to regulate allowable uses when the property is developed. In this case, the requested zoning classification of RA-1 will promote the health and general welfare by restricting land uses to those that would be compatible with the adjoining properties and those in the vicinity. 5. Will the requested zone provide reasonable provisions for adequate light and air? Setback, height, and lot coverage standards for new development on the area of the zone change are established in the Kalispell Zoning Ordinance to ensure adequate light and air is provided. The requested RA-1 Zone has the same setbacks as the existing R-3 Zone, which are 15' front, 5' side, and 10' rear. The maximum lot coverage requirements of 45% are the same in both zones. The proposed RA-1 Zone would allow for an additional 5' in height as R-3 has a maximum height of 35' and the RA-1 Zone has a maximum height of 40'. 6. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? The property is already within city limits and all public services and facilities are currently available to the property. The requested zone will not alter any of the public requirements, as there are city standards in place to address all the public requirements individually depending on how the site develops in the future. 7. Will the requested zone promote compatible urban growth? The character of the neighborhood is residential/mixed density. There are two -unit townhomes, four -unit condominiums, 30-unit manufactured home park and single-family homes all in the immediate vicinity. The higher density developments are to the north of the subject property and the single-family residences are primarily to the southeast along Sylvan Drive. The subject property is located at the transition point between the two development patterns. The requested zone gives 11 reasonable consideration to the character because it is compatible with the development pattern to the north and would serve as a transition to the single-family developments to the southeast. If the property were to be developed with a multi -family residential project, the project would require a conditional use permit. The conditional use permit process would further allow the city to analyze how the project would impact the character of the neighborhood and mitigated the project accordingly. 8. Does the requested zone dive consideration to the character of the district and its particular suitability of the property for particular uses? The requested zone change is in conformance with the Growth Policy Future Land use Map designation of Urban Residential for the area. Furthermore, the proposed zoning of RA-1 is the same zone located on the properties immediately to north and bordering the subject property. If the subject property were developed with single-family residences in the future, the property would be developed similarly to the neighboring properties in the R-3 Zone, as the setbacks, lot coverage, etc. are the same. The main difference between the existing R-3 Zone and proposed RA-1 Zone is the ability to construct multi -family residential. If the property were to be developed with a multi -family residential project, the multi -family project would require a conditional use permit, at which point neighborhood compatibility could be analyzed and mitigated accordingly. 9. Will the proposed zone conserve the value of buildings? Future development in the area will be reviewed for compliance with the dimensional standards and design review criteria, to ensure its appropriateness for the area and compatibility with the surrounding neighborhoods. The conservation of values of the existing buildings in the vicinity depends largely on the design and construction quality of the potential development in the area of the zone change, as opposed to the change of the zoning or potential use of the property. 10. Will the requested zone encourage the most appropriate use of the land throughout the municipality? The most appropriate land uses throughout the jurisdiction are promoted by encouraging complementary and compatible uses which promote the general well-being of all citizens of the community. In this case, the proposed RA-1 Zone is consistent with surrounding development to the north and has similar standards to the R-3 Zoned properties in the vicinity. Although it is not the applicant's intentions, the potential development of a multi -family project in the RA-1 Zone would require a conditional use permit, at which point the appropriateness of the project would be analyzed specifically. RECOMMENDATION 5 It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-18-01 as findings of fact and recommend to the Kalispell City Council that the subject property zoned R-3 (Residential) be rezoned to RA-1 (Residential Apartment). 0 PLANNING FOP. THU FUTURE Planning Department 201 15t Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.katispell.com / planning PETITION FOR ZONING MAP AMENDMENT NAME Or APPLICANT: Jeremy Peterson___ MAIL ADDRESS: P.O. Box 8271 CITY/STATE/ZIP: _ Kalispell, MT 59901 PHONE: _890-0331 INTEREST IN PROPERTY: Owner PLEASE COMPLETE THE FOLLOWING: A. Address of the property: _435 College Avenue, Kalispell B. Legal Description: (Subdivision Name, Lot & Block and/or Tract Number (Section, Township, Range) Parcel B of COS 2652 and Tract 1 of COS 3235 in Section 17, T28N, R21W, P.M.M., Flathead County (Attach sheet for metes and bounds) C. Land in zone change (ac) 1.258 acres D. The present zoning of the above property is: R-3 E. The proposed zoning of the above property is: RA-1 F. State the changed or changing conditions that make the proposed amendment necessary: The properties directly north of the applicants property are currently zoned RA-1 and have been developed with two -unit townhomes and four-plex condominiums. There is also a 31 unit mobile home park just up the street. RECgIVED MAR..1) 1 118 ' by-Z i 7��: R� lI Mobile Home 1 �r Park Property .� 29AAAA ..........,` 4 ;? AAA 2A- 2B 2t. ' i �` ; - 2PAA Peterson Property n ti u 2 Erb \. yy 2 \2EBA \21 R'S 4 Figure 1. Source: Flathead County GIS HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Growth Policy The Growth Policy Map shows the subject properties as "urban residential" but as with the zoning, the applicants parcels are directly adjacent to the Multi -Family Residential designation. The Kalispell Growth Policy, Chapter 3 Land Use: Housing defines "Urban Residential" with typical densities of four to twelve units per acre with a mix of single family duplex, and dispersed areas of multi -family. This definition fits with the applicant's desires and the existing neighborhood. 2 If the zone change is successful, the applicant wishes to subdivide the property and construct two -unit townhomes. The proposed zone change does promote the Growth Policy designation of Urban. B. Lessening congestion in the streets and providing safe access The existing R-3 zoning allows up to nine residential lots if we were to develop to the minimum lot size and ignore access. In practice we would be able to get at most four residential lots. The RA -honing would allow up to seventeen units on 1.25 acres. However when one accounts for parking, drainage, maximum lot coverage, and maximum height standards one is hard pressed to produce that type of density. In reality, the property will most likely develop eight residential units if the zone change is approved. Given that College Avenue is a City Street that outlets to a collector street and the neighborhood already has a number of multifamily units, the proposed zone change should not significantly impact congestion. The only way we could lessen congestion would be to down zone the property to a designation with less density than the existing R-3. C. Promoting safety from fire, panic and other dangers Any use, whether in the existing R-3 or the proposed RA -I is subject to review by the Building Department for adherence to the IBC and the IFC. The subject parcels are located in the City Limits and as such are within the Kalispell Fire Departments jurisdiction. There is City water and fire hydrants within the neighborhood. D. Promoting the public interest, health, comfort, convenience, safety and general welfare The proposed zone change encourages infill development, allows for diverse housing options, and makes efficient use of the property. Future development will connect to the City's existing sewer, water, and street system providing a safe and convenient development. The subject property is within walking distance of Woodland Park and Hedges Elementary School. E. Preventing the overcrowding of land The proposed zone change will allow more density on the subject property but those same densities are allowed on the properties directly north of the applicant. The proposed RA-1 zoning designation has maximum lot coverage standards, minimum setback restrictions, minimum lot widths, and maximum height requirements. These standards along with the City's subdivision requirements ensure that the lands are not overcrowded. Avoiding undue concentration of population The proposed zone change is for a residential zoning designation. The properties directly north of the subject property are all currently zoned RA-1. It would appear that the proposed zone change will more appropriately fit the neighborhood character. The proposed zone change will not establish an undue concentration of people. G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities The subject property is located within the City Limits of Kalispell and is located on a City street, College Avenue. The property is a 1/4 mile from Conrad Drive a City collector street. City sewer and water services are located in College Avenue. The property is within the Kalispell School District and is within walking distance of Hedges Elementary School. Woodland Park is located on Conrad Drive 1/4 mile from the subject property. Development of this property is considered infill and will facilitate efficient use of the public services. H. Giving reasonable consideration to the character of the district The subject property is adiacent to two unit townhomes and within half a block from four unit condominiums and a 30+ unit Manufactured home park. To be clear there are also a significant number of single family dwellings in the immediate neighborhood as well. The character of this neighborhood is residential/mixed density and the proposed zone change fits that character. I. Neighboring two -unit townhomes Giving consideration to the peculiar suitability of the property for particular uses The application proposes two properties for this rezoning. One of the properties is 0.24 acres and contains the residence and garage of the applicant. The second property which is adjacent to the applicants house is mostly vacant with the exception of a couple small out buildings that would be removed to allow for the development. The mostly vacant parcel is 1.01 acres in size and will allow for a small infill project that will complement the neighborhood. { A // .1, AMM .t, i A23mmW 4 Peterson Residence 5 Vacant Parcel J. Protecting and conserving the value of buildings The applicant's goal is to subdivide the property and construct two -unit townhomes or condominiums on the vacant one acre parcel. The units and density would be similar to that of neighboring properties and as a result should conserve the value of buildings within the neighborhood. K. Encouraging the most appropriate use of land by assuring orderly growth The zone change will occur on lands within the City Limits and is considered an infill property. In practice, infill is a function of orderly growth and the development of this property will blend in with the fabric of the community. Infili with urban residential density is an appropriate use of this land. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during approval process. (Applicant Signature) (Date) on