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Staff Report/Annexation & ZoningTri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity@centurytel.net www.tricitypianning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Duo Corp Annexation and Initial Zoning of R-3 and P-1 - North Side of California Street Between 5th Ave EN and 6th Ave EN MEETING DATE: March 1, 2004 BACKGROUND: This is a request by Duo Corp for an initial zoning designation of R-3, Urban Residential on approximately 1.607 acres and P-1, Public, on approximately 6.824 acres for a total of 8.431 acres to be annexed. A preliminary plat for a minor subdivision containing four lots intended for single family homes has been filed concurrently with the annexation and zoning request. The property is located on the north side of California Street between 5th Ave EN and 6th Ave EN. This project has been on the planning board docket for several months and was postponed due to certain circumstances arising with the developer. Initially the applicants proposed a six lot subdivision that contained two duplex townhouse lots along California Street and two single family lots to the north near the bluff. The neighbors wrote letters and gathered signatures on a petition that were presented to the planning board at their January 8, 2004 meeting which was scheduled for a public hearing on this matter. The item was continued to the February meeting because the developer and architect were not able to travel to Kalispell because of weather conditions. After this postponement, the developers met with the neighbors several times regarding this concern over the duplexes. On January 29, 2004 our office received a request from Jackola Engineering on behalf of Gardner Investments, LLC to withdraw their request for a Planned Unit Development (PUD) overlay and the major subdivision application on the above referenced property. After discussions with the neighbors, the developers have determined that it would be in the best .interests of all parties to submit a minor subdivision containing four single family lots and to eliminate the PUD overlay. A copy of the letter from Jackola Engineering along with a revised subdivision layout has been attached for your information. A subdivision containing five or few lots is considered a minor subdivision and is not required to come before the planning board. The proposed zoning upon annexation would be as initially proposed, i.e. R-3, Single Family Residential, and P-1, Public, but without the planned unit development overlay which would dictate the size, type and location of the residences proposed as well as being governed by self-imposed covenants. An amended staff .report was prepared for the planning board with a recommendation that the property be zoned R-3, Single Family Residential, and P-1, Public, upon annexation as proposed. Providing Community Planning Assistance To: City of Kalispell • City of Whitefish • City of Columbia Falls Duo Corp Annexation and Initial Zoning February 25, 2004 Page 2 A public hearing was held before the Kalispell City Planning Board at a meeting of February 10, 2004 regarding this property. At the public hearing the applicant spoke and stated that they had been meeting with the neighbors regarding the development of the property. The neighbors wanted to see single family residential development on the site and the developers decided that it was a doable proposal from their end. The amendments were made and a four lot residential subdivision has been submitted with the annexation and zoning proposal. Several property owners from the neighborhood spoke in favor of the revised proposal and thanked the developer for working with them and hearing their issues. After the public hearing the board discussed the change to the proposal and praised the developers for listening to the neighbors and responding to their concerns. A motion was made and passed unanimously to forward a recommendation that initial zoning for this property should be R-3 and P-1 upon annexation. RECOMMENDATION: A motion to adopt the first reading of the ordinance for R-3 and P-1 zoning upon annexation would be in order. FISCAL EFFECTS: ALTERNATIVES: Respectfully submitted, Narda A. WiNarda A. son, Senior Planner Minor positive impacts once fully developed. As suggested by the city council. Report compiled: February 25, 2004 c: Theresa White, Kalispell City Clerk 1 Chris A. Kukulski City Manager Attachments: Transmittal letter Amended Staff report KA-03-20 and application materials Draft minutes from 2 / 10 / 04 planning board meeting Cost of Services Analysis TI7ANSMIT\KALISPEL\2003\1KA03 20MEM© RESOLUTION NO. 4863 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", LOCATED IN SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS TERRACE VIEW ADDITION NO. 341; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Gardner Investments, LLC and Duo Corp Construction, the owners of property located on the north side of East California Street between Fifth Avenue East North and Sixth Avenue East North, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Tri-City Planning Office has made a report on Gardner and Duo Corp's Annexation Request, ##KA-03-20, dated February 4, 2004, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City R-3, Urban Single Family Residential, on approximately 1.697 acres, and City P-1, Public, on approximately 6.824 acres, upon annexation into the City of Kalispell, and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That all the real property as described on Exhibit "A" be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Terrace View Addition No. 341. SECTION II. Upon the effective date of this Resolution, the City Clerk is directed to make and certify under the seal of the City, a copy of the record of these proceedings as are entered on the minutes of the City Council and file said documents with the Flathead County Clerk and Recorder. From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and its citizens and property shall be subject to all debts, laws and ordinances and regulations in .force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION III. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. SECTION IV. This Resolution shall be effective immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 1 ST DAY OF MARCH, 2004. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk "Tri-City Punning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity a centurvtel.net www.tricityptanning-mt.com February 25, 2004 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Duo Corp Annexation and Initial Zoning of R-3 and P-1 - North Side of California Street Between 5+h Ave EN and 6th Ave EN Dear Chris: The Kalispell City Planning Board met on February 10, 2004 and held a public hearing to consider a request by Duo Corp for an initial zoning designation of R-3, Urban Single Family Residential, on approximately 1.607 acres and P-1, Public, on approximately 6.824 acres for a total of 8.43 acres proposed for annexation. The property lies on the north side of California Street between 5th Ave EN and 6=h Ave EN. After meeting with concerned property owners in the neighborhood the developers revised their development plan. Initially they had proposed a six lot residential subdivision consisting of two duplex townhouses and two single family homes with a PUD overlay that would dictate the size and architecture of the buildings. The neighbors were opposed to the duplex townhouses citing concerns that the neighborhood is single family in nature. Narda Wilson of the Tri-City Planning Office presented amended staff report KA-03- 20, evaluating the proposed zoning. Staff recommended initial zoning of City R-3 and city P-1 as proposed. She noted that the PUD overlay had been withdrawn along with the major subdivision. The developers have submitted a four lot single family subdivision which is not required to go before the planning board, but would be forwarded on to the city council concurrent with the annexation and zoning request. The neighbors were satisfied with the changes and support the developers revised proposal. At the public hearing the developer explained they felt they could make the revised proposal work for them and had listened to the neighbors concerns. Several people from the neighborhood thanked the developers for their cooperation and making the changes to the proposal 1 y limiting the development to single family homes. The planning board also praised the developers for their willingness to accommodate the neighbors' concerns and felt they could support the proposal without question. A motion was made and passed unanimously to recommend that the property be zoned R-3 and P-1 upon annexation to the city. Providing Community Planning Assistance To: • City of Columbia falls • City of Kalispell • City of Whitefish • Duo Corp Annexation and Initial Zoning February 25, 2004 Page 2 Please schedule this matter for the next available regular city council meeting. You may contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board George Taylor President GT/NW Attachments: Petition to annex (original) Exhibit A - legal description Amended staff report KA-03-20 and application materials Draft minutes 2 / 10 / 04 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Gardner Investments, P.O. Box 958, Kalispell, MT 59903 Jackola Engineering, P.O. Box 1134, Kalispell, MT 59903 TRANSMIT/ KALISPELL/2003 / KA03-20 Duo Corp Annexation and Initial Zoning February 25, 2004 Page 3 EXHIBIT A DUO CORP ANNEXATION AND INITIAL ZONING OF R-3 AND P-1 LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST, PRINCIPAL MFRIDIA.N, MONTANA, FLATHEAD COLTNTY, MONTANA AND MORE PARTICULARLY DESCRIBED A FOLLOWS: COMIv1ENCING AT THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8 AND WHICH POINT IS THE NORTHWEST CORNER OF TRACT I OF CERTIFICATE OF SURVEY NUMBER 10223, RECORDS OF FLATHEAD COUNTY; THENCE S89°4542"E, ON AND ALONG THE NORTH BOUNDARY OF SAFjD SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE NORTH BOUNDARY OF SAID TRACT 1, A DISTANCE OF 145.55 FEET TO A FOUND 518" RE -BAR AND WHICH POINT IS THE NORTHEAST CORNER OF SAID TRACT T AND WHICH POINT IS THE TRUE POINT OF BEGINNING; THENCE CONTINUING S89°45'42"E, ON AND ALONG SAID NORTH BOUNDARY, A, DISTANCE OF 718.04 FEET TO A SET 5/8" RE -BAR; THENCE S09°53'08"E, AND LEAVING SAID NORTH BOUNDARY, A DISTANCE OF 161.27 FEET TO A SET 5/8" RE -BAR; THENCE S05048'13"W, A DISTANCE OF 233.26 FEET TO A SET 518" RE -BAR; THENCE S13°49'00"E, A DISTANCE OF 50.00 FEET TO A SET 518" RE -BAR AND WHICH POINT LIES ON THE NORTH RIGHT-OF-WAY BOUNDARY OF EAST CALIFORNIA STREET; THENCE S76"11'00"W, ON AND ALONG SAID NORTHERLY RIGHT-OF-WAY BOUNDARY, A DISTANCE OF 300.00 FEET TO A SET 518" RE -BAR; THENCE N13°49'00"W, ON AND ALONG AN EASTERLY RIGHT-OF- WAY BOUNDARY OF SAID EAST CALIFORNLA STREET, A DISTANCE OF 50.00 FEET TO A SET 5/8" RE -BAR; THENCE S76°11'00"W, ON AND ALONG A NORTHERLY RIGHT-OF-WAY BOUNDARY OF SAID EAST CALIFORNIA STREET, A DISTANCE OF 445.36 FEET TO A FOUND 5/8" RE -BAR AND WHICH POINT IS THE SOUTHEAST CORNER OF SAID TRACT I OF CERTIFICATE OF SURVEY NUMBER 10223; THENCE N00°09'57"E, ON AND ALONG THE EAST BOUNDARY OF SAID TRACT 1, A DISTANCE OF 51193 FEET TO THE TRUE POINT OF BEGINNING. THIS TRACT` CONT_�S 367,254 SQUARE FEET AND SUBJECT TO AND T0GE=I R WTM A 25-FOOT ROAD, DRAINAGE, AND UTILITY EASEMENT AS SHOWN HEREON AND THE ABOVE DESCRIBED TRACT OF LAND IS TO BE KNOWN AS "TERRACE VIEW ESTATES." Terrace View Subdivision Cost of Services Analysis Once annexed to the City, full City services will be made available to the property owner. Any necessary infrastructure associated with this development will be required to be constructed in accordance with the City of Kalispell's Design and Construction standards and any other development policies, regulations or ordinances that may apply. Note, California Street is already maintained by the city and services are already in place as this is infill annexation. Number of Dwellin.gUnits within the Subdivision Four Estimated Increase in Population: (based on US Census Figure of 2.2 per household) 8.8 Cost of Services Per capita costs • Fire: $68.84 per person per year. Additional costs to the fire department 8.8 x 68.84 = $ 606 • Police: $110 per resident per year. Additional costs to the police department 8.8 x 110.00 = $ 968 Administration: $39.48. Additional cost to administration 8.8 x 39.48 = $ 347 • Solid Waste: Additional cost to solid waste (none for five years) _ $ 0 Lineal Feet Costs: (Lineal feet - No new roads, sewer or water mains) • Roads: $1.14 per lineal foot Additional cost in road maintenance 0 x 1.14 = $ 0 • Water: $3.44 per lineal foot Additional cost in water line maintenance 0 x 3.44 = $ 0 • Sewer: $5.50 per lineal foot Additional cost in sewer maintenance Storm sewer maintenance costs: Average Square foot per lot - 17,500 No. of units x square foot x 0.00323 Fatal Anticipated Cost of Services: 0x5.50= $ 0 17,500 x 4 x 0.00323 - $ 226 2 147 I Anticipated Revenue Generated Assessments based on square footage: Average square foot per lot: 17,500 • Storm sewer assessment $0.00323 per square foot Revenue from storm sewer assessments 4 x 17,500 x $0.00323 = $ 226 • Street maintenance assessment $0.0086 per square foot Revenue from street maintenance assessments 4 x 17,500 x 0.0086 = • Urban forestry assessment $0.00135 per square foot Revenue from urban forestry assessments 4 x 17,500 x 0.00135= Special Assessments: There are no special assessments. General revenue: • Assessed value per property: $200,000 Total assessed value: 4x 200,000 = $ 800,000 Total taxable: 800,000 x 0.03543 = $ 28,344 • Total additional general revenue based on 144.65 mill levy: 28,344 x .14465 Total Additional Annual Revenue: $ 95 $ 4,100 5 023 NOTE: This information is based upon assumptions regarding building valuations and does not take into consideration the build -out time or changes in methods of assessment and estimated costs associated with services. This information can only be used as a general estimate of the anticipated cost of services and revenue. TRANSMITTALS / 2003/ KA03-19COSTOFSVCS 2 KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING FEBRUAR.Y 10, 2004 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 7:00 p.m. Board members present were: George Taylor, Rick Hull, Jean Johnson, Sue Ellyn Anderson, John Hinchey and Timothy Norton. Jim Atkinson was absent. Narda Wilson represented the Tri-City Planning Office. There were approximately 20 people in the audience. APPROVAL OF MINUTES Johnson moved and. Anderson seconded to approve the minutes of the Kalispell City Planning Board and Zoning Commission regular meeting of January 13, 2004. The motion passed unanimously upon voice vote. HEAR THE PUBLIC No one wished to speak. TERRACE VIEW ESTATES A request by Duo Corp/Gardner Investments for an initial ZONING REQUEST zoning designation of R-3, Single Family Residential and P-1, Public, on 8.43 acres located on the north side of East California Street between Fifth Avenue EN and Sixth Avenue EN upon annexation to the City of Kalispell. This item was continued from the January meeting. AMENDED STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a KA-03-20 presentation of Amended Staff Report KA-03-20, a request for an initial zoning designation of R-3, Single Family Residential and P-1, Public, on 8.43 acres located on the north side of East California Street between Fifth Avenue EN and Sixth Avenue EN upon annexation to the City of Kalispell. Wilson explained that the property, which has come before the Board previously, is located on the north side of California Street and is 8.43 acres in size. She stated that the matter was continued from the January meeting, and, I that the applicants have since changed their plans for the property after meeting with neighbors. She said they have withdrawn their request for a PUD overlay and the major subdivision application., and have changed their project to a minor subdivision. She stated they are proposing to have two single family lots in the front and two in the rear, which is similar to plans submitted in the past. She noted that subdivisions containing five or fewer lots are considered minor subdivisions, and go straight to the City Council. Tonight the Board is only considering initial zoning upon Iannexation. Kalispell City Planning Board Minutes of the meeting of February 10, 2004 Paize 1 of 3 Wilson. stated that the applicant has not changed their plans with regard to zoning and that they still want R-3 and P-1 zoning. The P-1 zone, which is in the floodplain, will be dedicated to the City, and become part of Lawrence Park. Wilson said that 1.607 acres for the four single family lots are proposed as R-3 zoning, with 6.8 acres to the north proposed as P-1. She said that the property is currently zoned R-1 in the County and is undeveloped. She said the lots will be served by City water and sewer, which would be extended to serve the lots, and the mains are in close proximity to the property now. Wilson stated that the Kalispell Growth Policy indicates this area as Urban Residential with a density of 3-12 units per acre and the proposed zoning complies with the growth policy. She said that any new development must comply with Kalispell's Building Codes and Uniform Fire Codes, that the zoning is consistent with the area, and is suited for single family uses. She said the project will promote the most appropriate use of the land, and staff is recommending adoption of Amended Staff Report KA-03-20, and recommend to the city council zoning of R-3 and P-1 upon annexation. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCIES Anthony Corpron, representing the applicant, stated they have met twice with the neighborhood, because they did not want to have issues with the neighbors. He said they listened to their concerns and all the neighbors wanted single family homes, so they just changed the usage of the front two lots, there are no issues outstanding. PUBLIC COMMENT Jeri Anderson, 476 5th Avenue EN, thanked the board for the opportunity to address them and stated that the neighborhood has remained firm, and wanted a project that blends in and is suitable for the space. She said they still have concerns with the stability of the bank and setbacks, but that the project will fit with the neighborhood. She said that ideally she would like to see it remain open space, but that she must trust the developers and owners to see that it is done right. Clara Ellen. Anderson, 484 8th Avenue EN, co-owner of 476 5th Avenue EN, agreed with Jeri Anderson's comments, and stated they had fierce battles over the property, that the east north side of town has no green space, and that this property is a mini -sanctuary for wildlife, deer and the occasional moose. She said she appreciates the fact they were able to sheet with developers and that they heard what the neighbors had to say, but she is still concerned with the stability of the slope. She wants the required setbacks adhered to and only Kalispell City Planning Board Minutes of the meeiim� orFcbruary 10. 2004 Pa-.e 2 of 2 single family homes built, and believes the developers' word will be kept. She stated she wanted to go on the record as not opposing the project. Steve Cheman, 494 5th Avenue EN, stated that he approves of the project, and is thankful the developer met with them. He also thanked everyone for their time. No one else wished to speak and the public hearing was closed. MOTION Hinchey moved and Norton seconded to adopt Amended Staff Report KA-03-20 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the initial zoning for 8.43 acres of land be R-3, Single Family Residential and P-1, Public, upon annexation to the City of j Kalispell. BOARD DISCUSSION Taylor asked Wilson if the plateau was the portion that was going to be developed. Wilson answered yes, that each lot would have a single family residence and that the minor subdivision will be concurrent with an annexation and zoning request to the city council. Taylor asked if any more letters have been written by the neighborhood. Wilson said no, the developers worked with the neighbors and answered their concerns. Taylor stated that the Chair wishes to acknowledge the correspondence received at the last meeting regarding this property. Anderson recused herself as she lives in the neighborhood. Norton stated that he had concerns about the first project, but is pleased that now it is a minor subdivision. He said he wanted to thank the neighbors for their comments and that they helped the board to make a final decision. Hinchey thanked the Gardners for listening to the community and said he hopes the necessary steps are taken so that homeowners 10 years from now don't face any problems. Johnson stated this project is now workable and that it has come a long way. Kalispell City Planning Board Minutes of the ineeting of february 10. 2004 Pace 3 of 3 ROLL CALL The motion passed unanimously on a roll call vote, with Anderson being recused. ORCHARD VILLAGE A request by Orchard Village LLP for preliminary plat PRELIMINARY PLAT approval of a 14-lot residential subdivision on approximately APPROVAL REQUEST 3.18 acres located on the south side of Appleway Drive and one -quarter mile east of Highway 2 on property zoned B-2, General Business in the City of Kalispell. STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a #KPP-04-1 presentation of Staff Report KPP-04-1, a request for preliminary plat approval of a 14-lot residential subdivision on approximately 3.18 acres located on the south side of Appleway Drive and one quarter mile east of Highway 2 on property zoned B-2, General Business in the City of Kalispell. Wilson stated the property was recently annexed to the city of Kalispell, and is just over three acres in size and lies on the south side of Appleway Drive. She said it was annexed with the intent to develop it for apartment use and the developer is creating 14 sublots; each sublot would contain a four unit apartment building, or 56 units in total. She said that each sublot would be individually owned, but that the parking, access, recreational areas and landscaped areas would be commonly owned and maintained, with each owner of the sublots paying into an association for maintenance of the common areas. She said the property was used as a residence in the past by the Getz's, as a "vintage automobile storage yard", but that it has been cleaned up nicely. Wilson stated the property was annexed in June 2003, and the developers have been focused on getting the project before the board. She said the surrounding land use is an area in transition, with a mix of uses, mostly residential. She said the United Way is to the west, with some single family homes to the north, annexed and zoned B-2, and to the south are the railroad tracks, with Rails to Trials to the immediate south of the property. Wilson explained that water and sewer will be extended to the site. There will be two accesses onto Appleway Drive and a fire access road will be created to the south which creates a loop, which will be improved with asphalt, concrete, or grass crete. She stated the Kalispell Fire Department has no preference, as long as a fire truck will be supported, and they will work with the developers for fire hydrant locations. Wilson said the developers will need to provide fire access prior to combustible construction on the site. She also said there may be a flood plain issue on the site, because Ashley Creek lies to the west about 75 feet, and it is in a nondeliniated area of the 100 year flood plain.. There is quite a bit of difference in elevation between the -Dro-Derty and the Kalispell Cily Planning Board Minutes of the meeting of February 10. 2004 Page 4 of 4 AMENDED DUO CORP / GARDNER INVESTMENTS TRI-CITY PLANNING OFFICE STAFF REPORT KA-03-20 FEBRUARY 4, 2004 This is an amended report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for a request for an initial zoning designation of R-3 and P- I upon annexation to the city of Kalispell on approximately 8.43 acres. A public hearing has been scheduled before the planning board for February 10, 2004 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. BACKGROUND INFORMATION: This was initially a request for an initial zoning designation of R-3 and P-1 with a Planned Unit Development (PUD) overlay to allow the development of a six lot residential subdivision. However, after discussions with the neighbors, the developers have determined that it would be in the best interests of all parties to submit a minor subdivision containing four single family lots and to eliminate the PUD overlay. This staff report reflects those proposed changes. A. Petitioner and Owners: Technical Assistance: Gardner Investments, LLC P.O. Box 958 Kalispell, MT 59903 (406) 752-7682 Duo Corp Construction 1829 Stag Lane Kalispell, MT 59901 (406) 257-7350 Jackola Engineering & Architecture P.O. Box 1134 Kalispell, MT 59903 A2 Z Engineering 51 Commons Loop Glacier Bank Building Kalispell, MT 59901 B. Nature of the Request:. This is a request for an initial zoning designation. of R-3, Urban. Singly Family Residential, and P-1, Public, to allow the creation of a four lot residential subdivision on approximately 8.43 acres. Approximately 6.824 acres lies in the 100 year floodplain adjoining an existing City park that would be dedicated to the City of Kalispell and zoned P-1. The remaining 1.607 acres would be split into four single family lots and zoned R-3. Because this is a minor subdivision containing five or fewer lots, it would not come before the planning board for public hearing but would go to the city council concurrent with the request for annexation and initial zoning. C. Location and Legal Description of Property: The property proposed for annexation and subdivision is located on the north side of East California Street between Fifth Avenue EN and Sixth Avenue EN. The property can be described as Assessors Tract 23A+ located in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. D. Existing Land Use and Zoning: The site is currently undeveloped with the except of a small outbuilding that was used many, many years ago as an "icehouse." The property is in the County zoning jurisdiction and is zoned R-1, Suburban Residential which has a minimum one acre lot size requirement for newly created lots. This zoning is typically found in areas where public water and sewer are not available and / or there are severe environmental constraints associated with the development of the property. E. Adjacent Land Uses and Zoning: The general land use character of this area is primarily single family residential. North: Undeveloped floodplain area, County R-1 zoning South: Single family residential, City R-3 and City RA-1 zoning East: Whitefish Stage Road, County R-4 zoning West: Single family residential, City R-3 zoning F. General Land Use Character: The general land use character of this area is a residential with the primary residential uses being single family homes. G. Utilities and Public Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Telephone: CenturyTel Schools: School District #5 Fire: Kalispell Fire Department Police: City of Kalispell H. Relation to Zoning Requirements: This property is over eight acres in size with nearly seven acres of the site being located in the 100 year floodplain. In addition to the floodplain area that lies in the northern portion of the site, there are steep slopes to the south of that that are generally unusable for building purposes. This leaves a level area of the property that is outside of the steep slopes and 100 year floodplain for development that essentially sits on a bluff overlooking the floodplain area. The developable area of the size contains approximately 0.67 of an acre. The proposed R-3 zoning which has a minimum lot size requirement of 7,000 square feet per dwelling. 2 The four lot subdivision would develop "bluff area" with two single family homes along East California Avenue and two single family homes located further to the north overlooking the floodplain area. The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. and the Kalispell Zoning Ordinance. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-203, M.C.A and Section 27.30.020, Kalispell Zoning Ordinance. �s • -� • W.51r •s•• • •' •.[• '• The Kalispell Growth Policy anticipates that the area along the bluff would developed as Urban Residential which anticipates a density of three to 12 dwelling units per acre. The area to the north of the bluff which is steep slopes and 100 year floodplain is designated on the growth policy rnap as Public because of the development constraints associated with the site. The area on the bluff would be annexed and designated as R-3 and contains approximately 1.6 acres while the area to the north within the 100 year floodplain which contains approximately 6.8 acres would be dedicated to the City of Kalispell and made part of the City park system and given a zoning designation of P-1, Public. The proposed zoning complies with the Kalispell Growth Policy for the area and the anticipated type of level of development. The two single family homes along East California Avenue would have individual driveways and the two single family homes to the north would share a driveway or short private access road. The configuration and design of the access limit potential conflicts onto East California Avenue. The limited density proposed in this four lot residential subdivision will also result in limited additional traffic in the immediate area. •- -• -� •r- - s•• 11 - •.r .s•, s •- •,••- This property will be developed in accordance with City of Kalispell development standards, the Uniform Fire Code and any other applicable safety standards. The buildings would be situated away from the steep slope area since there have been concerns in the past about the potential failure of this slope area or that the slope could be weakened because of development. The setbacks from the steep slope areas will address concerns about the safety of the site with regard to slope failure as well as the safety associated with the fire departments ability to access the northern part of the site. The zoning and site design will secure safety from fire and other dangers. 3 The proposed development of the site promotes the health and welfare of the community with regard to the density, setbacks, lot coverage access and provision of public services. The use of the bluff area for residential development as well as the dedication of the 100 year floodplain area to the City to be incorporated into the park system, promotes the general welfare of the community. The proposed subdivision is within the limits of the development potential of the site and the buildings would not exceed the height limitations of the zoning districts and will be required to comply with the setbacks of the R-3 zone. The buildings as well as adherence to the other development standards of the R-3 zoning district insure that there will be adequate light and air within the development and the neighborhood as a whole. concentration of •-•• The requested zoning designations are consistent with the type of development which would be anticipated under the Kalispell Growth Policy and would be able to be accommodated within the land area under the proposed zoning. The requested zoning will not contribute to the overcrowding of land. Increased concentration of people in this area will likely result after this land has been converted from an undeveloped state to a more intensive residential use. There will be a more intensive use of the property, however, the intensity of the uses of the property would be in direct relationship to the availability of public services, utilities and facilities. The design, standards and availability of facilities would provide the structure needed to insure that there will not be an overcrowding of the land or undue concentration of people. •" -r -• ••- - r" .TION • •r •NIFUMISM MM• ••• •. a . r• • •- r "• -•r-• Public service, facilities and infrastructure would be made available to the developer. The developer will extend the needed City services that are not currently available to the property at the developers' expense and in accordance with the City's policies and standards. New improvements to the property such as access, water, sewer, parks and drainage would be installed in accordance with City policies and standards at the developers' expense thereby insuring that there is adequate provision of services to the site prior to development. Fire, police, ambulance and public access are adequate to accommodate potential 4 impacts associated with the development of this site. There will be impacts to services which can be anticipated as a result of this proposal which can be met by the City. ! li•"I t' -E '! it- • •# #' a i# • • 9STRI'E�1�EFIER11Wa7■ R • •- The proposed zoning furthers the long range development plans as reflected in the recently adopted Kalispell Growth Policy for this area and provide opportunities for additional housing that is compatible with surrounding land uses. The extension and provision of public services are within reasonable proximity to the City core. The proposed zoning will provide the basis for the future land uses on this property, in accordance Kalispell Growth Policy. This rezoning gives adequate consideration to the suitability of this property for the proposed use and concurrent zoning proposal. The general character of the area is residential with the 100 year floodplain area providing a natural buffer to the north. The proposed zoning allows this development to address needs within the community for housing and support services on public services and in reasonable proximity to the City core. The proposed dedication of the park area to the city give reasonable consideration to the character of the area as well as to the limitations of the site for building purposes. This is generally a single-family residential neighborhood that adjoins this property to the south and to the west that are developed with single-family homes on approximately 7,000 square foot lots. Most potentially effected properties that are in this neighborhood would experience limited impacts with the introduction of the subdivision. It appears that this development will contribute to the overall integrity of the neighborhood and the value of existing building will be protected, maintained and conserved. The Kalispell Growth Policy future land use designations anticipates a development such as that being proposed and will be developed with uses anticipated for the area. The proposed zoning encourages the most. appropriate 5 Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt AMENDED staff report KA-03-20 as findings of fact and recommend to the Kalispell City Council that the property be assigned a zoning designation of R-3 and P- I upon annexation to the city. REPORTS \ KALISPELL \KA03-20.DOC NW 6 DUO CORP / JOHN AND BRENDA VINCENT TRI-CITY PLANNING OFFICE STAFF REPORT KA-03-20 / RPUD-03-2 JANUARY 5, 2004 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for a request for an initial zoning designation of R-3 and P-1 / PUD upon annexation to the city of Kalispell on approximately 8.43 acres. A public hearing has been scheduled before the planning board for January 13, 2004 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. BACKGROUND INFORMATION: This is a request for an initial zoning designation of R-3 and P-1 with a Planned Unit Development {PUD} overlay to allow the development of a six lot residential subdivision. A. Petitioner and Owners: John and Brenda Vincent P.O. Box 958 Polson, MT 59860 (406) 883-5777 Duo Corp Construction 1829 Stag Lane Kalispell, MT 59901 (406) 257-7350 Technical Assistance: Jackola Engineering & Architecture P.O. Box 1134 Kalispell, MT 59903 A2 Z Engineering 51 Commons Loop Glacier Bank Building Kalispell, MT 59901 B. Nature of the Request:. This is a request for an initial zoning designation of R-3, Urban Singly Family Residential, and P-1, Public, with a Planned Unit Development overlay to allow the creation of a six lot residential subdivision. The PUD would serve as the zoning for the subdivision and would dictate the size of the lots, location and size of the buildings, common areas, parkland, architectural design of the building and would be bound by the covenants associated with the property and development agreement executed with the city of Kalispell. The PUD and subdivision contain approximately 8.43 acres. Approximately 6.824 acres lies in the 100 year floodplain adjoining an existing City park that would be dedicated to the City of Kalispell and zoned Pl-. The remaining 1.607 acres would be split into six lots and zoned R-3. Two of the lots would be single family residential and four of the lots would be duplex townhouse lots. 1 C. Location and Legal Description of Property: The property proposed for annexation and subdivision is located on the north side of East California Street between Fifth Avenue EN and Sixth Avenue EN. The property can be described as Assessors Tract 23A+ located in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. D. Existing Land Use and Zoning: The site is currently undeveloped with the except of a small outbuilding that was used many, many years ago as an "icehouse." The property is in the County zoning jurisdiction and is zoned R-1, Suburban. Residential which has a minimum one acre lot size requirement for newly created lots. This zoning is typically found in areas where public water and sewer are not available and / or there are severe environmental constraints associated with the development of the property. E. Adjacent Land Uses and Zoning: The general land use character of this area is primarily single family residential. North: Undeveloped floodplain area, County R-1 zoning South: Single family residential, City R-3 and City RA-1 zoning East: Whitefish Stage Road, County R-4 zoning West: Single family residential, City R-3 zoning P. General Land Use Character: The general land use character of this area is a residential with the primary residential uses being single family homes. G. Utilities and Public Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Telephone: CenturyTel Schools: School District #5 Fire: Kalispell Fire Department Police: City of Kalispell H. Relation to Zoning Requirements: This property is over eight acres in size with nearly seven acres of the site being located in the 100 year floodplain. In addition to the floodplain area that lies in the northern portion of the site, there are steep slopes to the south of that that are generally unusable for building purposes. This leaves a level area of the property that is outside of the steep slopes and 100 year floodplain for development that essentially sits on a bluff overlooking the floodplain area. The developable area of the size; contains approximately 0.57 of an acre. The proposed R--3 zoning which has a minimum lot size requirement of 7,000 square feet per dwelling. 2 The four lot subdivision would develop "bluff area" with two single family homes along East California Avenue and two single family homes located further to the north overlooking the floodplain area. The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. and the Kalispell Zoning Ordinance. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-203, M.C.A and Section 27.30.020, Kalispell Zoning Ordinance. The Kalispell Growth Policy anticipates that the area along the bluff would developed as Urban Residential which anticipates a density of three to 12 dwelling units per acre. The area to the north of the bluff which is steep slopes and 100 year floodplain is designated on the growth policy map as Public because of the development constraints associated with the site. The area on the bluff would be annexed and designated as R-3 and contains approximately 1.6 acres while the area to the north within the 100 year floodplain which contains approximately 6.8 acres would be dedicated to the City of Kalispell and made part of the City park system and given a zoning designation of P-1, Public. The proposed zoning complies with the Kalispell Growth Policy for the area and the anticipated type of level of development. The two single family homes along East California Avenue would have individual driveways and the two single family homes to the north would share a driveway or short private access road. The configuration and design of the access limit potential conflicts onto East California Avenue. The limited density proposed in this four lot residential subdivision will also result in limited additional traffic in the immediate area. j • _ -• ••- - - •tf -M• •E MIG-raws Z •' - This property will be developed in accordance with City of Kalispell development standards, the Uniform Fire Code and any other applicable safety standards. The buildings would be situated away from the steep slope area since there have been concerns in the past about the potential failure of this slope area or that the slope could be weakened because of development. The setbacks from the steep slope areas will address concerns about the safety of the site with regard to slope failure as well as the safety associated with the fire departments ability to access the northern part of the site. The zoning and site design will secure safety from fire and other dangers. 3 �iifif r - '_�__ - - rtiir r � - r s �� • - wT� z s [iC�.'.S"ili� _ - • - . ��� The proposed development of the site promotes the health and welfare of the community with regard to the density, setbacks, lot coverage access and provision of public services. The use of the bluff area for residential development as well as the dedication of the 100 year floodplain area to the City to be incorporated into the park system, promotes the general welfare of the community. r- -• - MV,40JOYMMOMMOMMORMS MMMSIMSTO The proposed subdivision is within the limits of the development potential of the site and the buildings would not exceed the height limitations of the zoning districts and will be required to comply with the setbacks of the R--3 zone. The buildings as well as adherence to the other development standards of the R-3 zoning district insure that there will be adequate light and air within the development and the neighborhood as a whole. • c r '� • •r' . -r • • - •.a r• • tO • MIIIIXIIIIVI The requested zoning designations are consistent with the type of development which would be anticipated under the Kalispell Growth Policy and would be able to be accommodated within the land area under the proposed zoning. The requested zoning will not contribute to the overcrowding of land. r -. -• •r- •- .-.. • •r • .• • �, rr Increased concentration of people in this area will .likely result after this land has been converted from an undeveloped state to a more intensive residential use. There will be a more intensive use of the property, however, the intensity of the uses of the property would be in direct relationship to the availability of public services, utilities and facilities. The design standards and availability of facilities would provide the structure needed to insure that there will not be an overcrowding of the land or undue concentration of people. l • , rtrr • r' 1 Public service, facilities and infrastructure would be made available to the developer. The developer will extend the needed City services that are not currently available to the property at the developers' expense and in accordance with the City's policies and standards. New improvements to the property such as access, water, sewer, parks and drainage would be installed in accordance with City policies and standards at the developers' expense thereby insuring that there is adequate provision of services to the site prior to development. Fire, police, ambulance and public access are adequate to accommodate potential 4 impacts associated with the development of this site. There will be impacts to services which can be anticipated as a result of this proposal which can be met by the City. The proposed zoning furthers the long range development plans as reflected in the recently adopted Kalispell Growth Policy for this area and provide opportunities for additional housing that is compatible with surrounding land uses. The extension and provision of public services are within reasonable proximity to the City core. The proposed zoning will provide the basis for the future land uses on this property, in accordance Kalispell Growth Policy. This rezoning gives adequate consideration to the suitability of this property for the proposed use and concurrent zoning proposal. The general character of the area is residential with the 100 year floodplain area providing a natural buffer to the north. The proposed zoning allows this development to address needs within the community for housing and support services on public services and in reasonable proximity to the City core. The proposed dedication of the park area to the city give reasonable consideration to the character of the area as well as to the limitations of the site for building purposes. This is generally a single-family residential neighborhood that adjoins this property to the south and to the west that are developed with single-family homes on approximately 7,000 square foot lots. Most potentially effected properties that are in this neighborhood would experience limited impacts with the introduction of the subdivision. It appears that this development will contribute to the overall integrity of the neighborhood and the Aralue of existing building will be protected, maintained and conserved. on i s- -• III ' A.•. •s- • • .•- ' rs•. sE .• - • s- •s s • •�• r- s r •s The Kalispell Growth Policy future land use designations anticipates a development such as that being proposed and will be developed with uses anticipated for the area. The proposed zoning encourages the most appropriate 5 Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt AMENDED staff report KA-03-20 as findings of fact and recommend to the Kalispell City Council that the property be assigned a zoning designation of R-3 and P- 1 upon annexation to the city. REPORTS\KALISPELL\KA03-?0. DOC NW Tri-City Planning Office 17 Second St East, Suite 211. Raiispell, MT 59901 Phone: (406)751-1850 Fax: (406)751-1858 PETITION FOR ANNEXATION AND INITIAL ZONING CITY OF KA.LISPELL NAME OF APPLICANT: GARDNER INVESTMENTS. LLC MAIL ADDRESS: P.O.. Box 958 CITY/STATE/ZIP: _ Kalispell, Montana, 59903 PHONE: 406-752-7682 Other Parties of interest to be Notified: PARTIES OF INTEREST: JACKOLA ENGINEERING MAIL ADDRESS: P.O. BOX 1134 CITY/ STATE/ ZIR Kalispell, Montana 59903 � PHONE: 755-3208 INTEREST IN PROPERTY: Engineer/ Surveyor_ PLEASE COMPLETE THE FOLLOWING: Address of the property: Legal Description: Assessor's Tract. 23A+ (Lot and Block of Subdivision; Tract #) Sec. S T28N R21W (Section, Township, Range) (Attach metes and bounds as Exhibit A) The present zoning of the above property is: _ _ _ County R-1 The proposed zoning of the above property is: _ R-3 PUD / P-1 State the changed or changing conditions that make the proposed amendment necessary: The signing of this application signifies that the foregoing information is true and accurate based upon the best information available and further grants approval for Tri-City Planning staff to be present can the property for routine-spection during the annexation process. G INVESTMENTS, LLC (Date) r Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity@centurytel.net www,tricitvpianning- t.com REPORT TO: Kalispell Planning Board and Zoning Commission FROM: Narda A. Wilson, Senior Planner SUBJECT Terrace View Estates Preliminary Plat and Planned Unit Development MEETING DATE: February 10, 2004 BACKGROUND: On January 29, 2004 our office received a request from Jackola Engineering on behalf of Gardner Investments, LLC to withdraw their request for a Planned Unit Development (PUD) overlay and the major subdivision application on the above referenced property. After discussions with the neighbors, the developers have determined that it would be in the best interests of all parties to submit a minor subdivision containing four single family lots and to eliminate the PUD overlay. A copy of the letter from Jackola Engineering along with a revised subdivision layout has been attached for your information. A subdivision containing five or few lots is considered a minor subdivision and is not required to come before the planning board. The proposed zoning upon annexation would be as initially proposed, i.e. R-3, Single Family Residential, and P-1, Public, but without the planned unit development overlay which would dictate the size, type and location of the residences proposed as well as being governed by self-imposed covenants. An amended staff report has been included in your planning board packet with a recommendation that the property be zoned R-3, Single Family Residential, and P-1, Public, upon annexation as proposed. Report compiled. February 4, 2004 Attachments: Letter from Jackola Engineering dated 1 / 29 / 04 Proposed minor subdivision for Terrace View Estates TRANSMIT \KALISPEL \2003 \KA03-20MEM Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Palls -`T M. su"*1 1' Ms. Narda Wilson Tri-City Planning 1.7 2nd Ave. East Kalispell, Montana 59901 Re: Annexation, Zoning and Preliminary Plat Terrace View Estates Sec. 8, T28N, R21W, PM,M, Dear Narda: Y ■■ ?; :_# i 10 At the request of the Developer, Gardner Investments, LLC, we hereby request the following changes to the above referenced submittal. The Developer would request that the PUD overlay be removed from the application for zoning, Leaving the requested zoning of P-1 and R-3 in place. Also at this time we request that the Preliminary Plat Application for the Major Subdivision (Terrace View Estates) be withdrawn for consideration by the Planning Board. After discussions with the neighbors, the Developer has decided to pursue a 4-Lot Minor Subdivision (see enclosed drawing) that is not required to go before the Planning Board. Should you have any questions, please do not hesitate to contact me. Thank you. T remain . . . . . Sincerely, V_ C � James H . Burton JHB / j b Enc (P)405.755.320B (F)4CI5.755.321 8 P© Boxl 1 34 -1 B30 3" AVE E SUITE 302, KAL€sPELL,MT.59901 `f F F F f E = ` i F 1-2 Z A 7 �f .. .... ...... F ! F /F ' f f F Sub prn .:...:,. -: r z �`::.. Apr � ! Ae ............ 20 Is �� eel rF - 3 7s 1 }1 _ _ 3 It _ f2 i, 1,,. �, �. 71 f034 — 7 Av 7 -- �fca 112 IB W VICINITY MAP JOHN & BRENDA VINCENT / DUO CORP DEVELOPMENT PRELIMINARY PLAT -- "TERRACE VIEW ESTATES" A 6 LOT RESIDENTIAL SUBDIVISION ON 8.43 ACRES (1.61 ACRES IN LOTS WITH A 6.82 ACRE PARK) CONSISTING OF 2 DUPLEX/TOWNHOUSE LOTS & 2 SINGLE FAMILY LOTS CONCURRENT WITH ANNEXATION & PLANNED UNIT DEVELOPMENT REQUEST PLOT FILE# KPP-03-16 SCALE I" = 350' DAM 6.dn ORDINANCE NO. 1493 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS ASSESSOR'S TRACT 23A+ LOCATED IN SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M. FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-1, SUBURBAN RESIDENTIAL) TO CITY R-3 (URBAN SINGLE FAMILY RESIDENTIAL) AND P-1 (PUBLIC), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Gardner Investments, LLC and Duo Corp Construction, the owners of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned R-3, Urban Single Family Residential on 1.607 acres of land and P-1, Public on approximately 6.824 acres of land, and WHEREAS, the property is located on the north side of California Street between Fifth Avenue East North and Sixth Avenue East North, and WHEREAS, the petition of Gardner Investments and Duo Corp was the subject of a report compiled by the Tri-City Planning Office, Amended Staff Report #KA-03-20, dated February 4, 2004, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned R-3, Urban Single Family Residential and P-1, Public, as requested by the petition, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-3, Urban Single Family Residential and P-1, Public, the City Council finds such initial zoning to be consistent with the Kalispell Growth Policy 2020 and adopts, 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, the findings of fact ofTCPO as set forth in Amended Staff Report No. KA-03-20. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1460) is hereby amended by designating the property described above as R-3, Urban Single Family Residential on 1.607 acres and P-1, Public, on approximately 6.824 acres. SECTION II. The balance of Section 27-02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in frill 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 AND SIGNED BY THE MAYOR THIS 15TH DAY OF MARCH, 2004. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk