OWL CORPORATION
REQUEST FOR ZONE CHANGE FROM RA-1 and R-3 to RA-2
STAFF REPORT #KZC-13-02
KALISPELL PLANNING DEPARTMENT
SEPTEMBER 30, 2013
The following is a report to the Kalispell City Planning Board and the Kalispell City Council regarding a request to change the zoning from RA-1 (residential apartment) and R-3 (residential) to RA-2 (residential apartment/office) on 17.7 acres located at the northeast corner of the intersection of West Reserve Drive and Stillwater Road. A public hearing has been scheduled before the Kalispell City Planning Board for October 8, 2013 beginning at 7:00 PM, to consider the zone change request. The planning board will forward a recommendation to the Kalispell City Council for consideration.
BACKGROUND INFORMATION
The planning department received a zone change request from Mark Owens, with Owl Corporation, the owner of a tract and five lots in the southern portion of the West View Estates Subdivision, located at the northeast corner of West Reserve Drive and Stillwater Road.
The land is undeveloped, with the exception of the public right-of-way of Taelor Road, which serves as the main access point into the West View Estates subdivision from West Reserve Drive. The five lots on the east side of Taelor Road were platted in July 2006, as part of the first phase of the West View Estates Subdivision. Two subsequent phases of the West View Subdivision have occurred since then. The three phases of the subdivision currently contain a total of 81 lots and a 2.2-acre public park.
The area of the zone change reflects a transitional buffer zone between the single-family residential lots to the north and Glacier High School to the south of West Reserve Drive. Much of the area to the west is undeveloped, agricultural land. The area to the west is outside of the city limits, but within the Kalispell’s Growth Policy planning area. To the east is Stillwater Estates, a low-density, single-family residential neighborhood located in unincorporated Flathead County.
Southwest of the proposed zone change is the Starling PUD, which was adopted in 2007 and included annexation of the entire Section 35, along with an R-3 Mixed Use zoning overlay. The Starling PUD is a 640-acre master planned community that is anticipated to have between 2000 and 3000 units of housing types and the inclusion of a limited supply of non-residential uses.
Figure 1: Site with existing and adjacent zoning
The question before the planning board and city council is whether or not to amend the zoning map from RA-1 (residential apartment) and R-3 (residential) to RA-2 (residential apartment/office) for the area on the north side of West Reserve Drive from Stillwater Road to Taelor Road, and including Lots 1-5 of West View Estates. Factors for consideration include maintaining consistency between the zoning designations and the growth policy land use map, while encouraging a diversity of housing and commercial development opportunities.
A. Petitioner / Owner: Mark Owens, Secretary/Treasurer
Owl Corporation
500 Palmer Drive
Kalispell, MT 59901
(406) 752-5666
B. Location and Legal Description of Property: The 17.7-acre area included in the zone change request is located east of Stillwater Road, on the north side of West Reserve Drive. The area measures1300 feet from east to west and 570 feet north to south. It is legally described as Assessor’s Tract 5+ and Lots 1-5 of West View Estates, Phase 1, in the southwest ¼ of the southwest ¼ of Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana.
C. Existing Land Use and Zoning: As stated above, the majority of the land under request for zone change is currently zoned RA-1 (residential apartment). A narrow strip on the east side of Taelor Road and the five lots on the east side of Taelor Road are zoned R-3 (residential).
The intent of the RA-1 zoning district, per Kalispell Municipal Code (KMC) 27.09.010, is “to provide for urban areas, for multi-family use, and compatible non-residential uses of medium land use intensity.”
The intent of the R-3 zoning district, per KMC 27.06.010, is “to provide areas for urban residential development.”
Both RA-1 and R-3 zoning districts would typically be found in areas designated as urban residential on the Kalispell Growth Policy Future Land Use Map.
D. Proposed Zoning: The proposed zoning district is RA-2, Residential Apartment/Office. The intent of the zoning district is,
“To provide areas for residential development including multi-family housing and compatible non-residential uses of high land use intensity. This district would typically serve as a buffer zone between other commercial districts and adjacent residential areas. The location of this district depends on proximity to major streets, arterials and business districts.” (KMC 27.10.010)
The owner of the property has indicated that there is development interest from professional and medical office developers. One notable difference between the RA-1 and RA-2 zoning designations is the allowance for professional office uses in the RA-2 zone.
E. Size: The zone change request covers a total area of approximately 17.7 acres. The dimensions of the rectangular area are approximately 1300 feet from east to west (north of West Reserve Drive) and 570 feet from north to south.
F. Adjacent Land Uses and Zoning:
North: West View Estates Phases 2 and 3; Zoned City R-3 (residential)
East: Stillwater Estates Subdivision; Zoned R-2 by Flathead County (one family limited residential)
South: School District #5 Glacier High School; Zoned City R-5/PUD Mixed Professional POD of Spring Prairie PUD
West: Agricultural land, Zoned AG-80 WVO by Flathead County (agricultural and West Valley Overlay)
Southwest: Starling PUD; Zoned City R-3 with a PUD overlay zoning
G. General Land Use Character: The general land use character of this area can be described largely as residential and quasi-public. West View Estates is a single-family residential neighborhood with ¼-acre average lots. Stillwater Estates, to the east, is a single-family residential neighborhood with 1-acre lots. South of West Reserve Drive is Glacier High School.
H. Utilities and Public Services: The area is served by city water and sewer and by city streets.
Sewer: City sewer
Water: City water
Refuse: City collection services
Electricity: Flathead Electric Cooperative
Telephone: CenturyLink
Schools: K-8 at West Valley School District #1; High School at Kalispell School District #5 – Glacier High School
Fire: Kalispell Fire Department
Police: Kalispell Police Department
I. Public Comment: Prior to submitting the zone change application the applicant attended the West View Estates Homeowners Association Annual Meeting to present proposed zone change to the homeowners. In addition, notices of the zone change request were sent to adjacent landowners within 150 feet of the affected areas.
One comment was received from the public as of the writing of this report. The comment was from Gayle Mostek, of Kalispell who was generally opposed to the requested zoning map change for several reasons. The first was the impact to the West Valley School District, which is already experiencing issues with overcrowding, if additional density were allowed in the West View Estates subdivision. The second was concerning traffic impacts and the potential heightened risk to the many children in the neighborhood. Finally, she expressed concern that the potential zone change could have a negative impact on property values if it were approved. A copy of her email is included in the packet.
ZONE CHANGE TO RA-2 BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 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. and Section 27.29.020, Kalispell Zoning Ordinance.
1. Does the requested zone comply with the growth policy?
The area affected by the request is designated by the Kalispell Growth Policy future land use map as “High Density Residential" which calls for between eight to twenty dwelling units per acre. These areas may also contain professional offices and various low intensity commercial and institutional uses. The proposed RA-2 zoning designation permits a range of residential and a very limited number of commercial uses, but no industrial or agricultural uses.
Chapter 3, Land Use: Housing, in the Kalispell Growth Policy 2020 document includes the following policy:
Policy 11.e: High-density residential districts may be mixed with professional offices and various low-intensity commercial and institutional uses, particularly where located along urban arterials and as appropriate to the neighborhood.
The request to change the zoning to RA-2 will permit the development of professional offices on the property. A slightly more intense use is appropriate provided its adjacency to West Reserve Drive and Stillwater Road. At the time development is proposed it will be reviewed for its appropriateness with the neighborhoods to the north and east.
2. Will the requested zone have an effect on motorized and nonmotorized transportation systems?
The requested zone change to RA-2 will not produce a noticeable impact to motorized or non-motorized transportation systems over the present zoning designations of RA-1 and five lots of R-3.
The area is served by West Reserve Drive, a minor arterial, with two lanes approaching from the east and west, a divided center median with center lane turn pocket for the western approach, sidewalks on both sides, and a crosswalk located to the east of Taelor Road, that provides pedestrian access onto the Glacier High School campus. There is adequate capacity on West Reserve Drive and the associated intersections to accommodate anticipated development on the subject properties.
3. Will the requested zone secure safety from fire, panic, and other dangers?
Adequate access and public facilities are available to the properties in the case of an emergency. There are no features related to the properties 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.
4. Will the requested zone promote the public health, safety and general welfare?
The requested zoning classification will promote the health and general welfare by restricting land uses to those that would be compatible with the adjoining properties and those in the vicinity.
5. Will the requested zone provide 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 insure adequate light and air is provided.
6. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements?
All public services and facilities are currently available. Development should be encouraged in areas where these services are available.
7. Does the requested zone give consideration to the particular suitability of the property for particular uses?
The requested zone change is in conformance with the planned growth policy designation for the area. Furthermore, the uses allowed under the zone change on the properties are generally similar to those in the existing RA-1 zoning district.
In the category of residential uses, there is no difference between the RA-1 and RA-2 zones. The difference between the R-3 zone and RA-2 zone is that duplexes and townhouses become a permitted use, as opposed to not allowed or allowed as a conditional use, respectively.
In the public, civic and institutional category, the RA-2 zone permits libraries, museums, and similar cultural facilities, as an administrative conditional use, where the RA-1 and R-3 zones do not permit this use. Homeless shelters are a conditional use in both the RA-1 and RA-2 zones, and not permitted in the R-3 zone.
The following is a list of the commercial uses that are either permitted or conditionally permitted in the RA-2 zone that are not permitted in the RA-1 or R-3 zones. The permitting pathway is noted as follows: Permitted (P) or Conditional Use (C).
· Banks and financial institutions (C)
· Barber and beauty services (P)
· Funeral homes and crematoriums (P)
· Laundromats and dry cleaners (P)
· Office – professional/governmental (P)
· Office – medical with limited overnight stay (C)
· Photographic studio (P) with no retail
8. Does the requested zone give reasonable consideration to the character of the district?
The general character of the area is that of a suburban mixed use area. The requested zoning allows for a range of multi-family residential and commercial uses on the property, but limits those uses so that there would be little impact on the nearby residential neighborhoods in the R-3 zone.
9. Will the proposed zone conserve the value of buildings?
As stated above, the property is currently undeveloped. The nearest developed property is a single-family residence in Stillwater Estates subdivision to the east and the West View Estates subdivision.
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.
10. Will the requested zone encourage the most appropriate use of the land throughout the municipality?
Mixed use urban development should be encouraged in areas where services and facilities are available. The proposed zoning is consistent with the growth policy future land use designation and the growth policy’s goal of providing a mix of commercial and residential uses in appropriate locations.
RECOMMENDATION
It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC13-02 as findings of fact and recommend to the Kalispell City Council that the area be rezoned from RA-1 (residential apartment) and R-3 (residential) to RA-2 (residential apartment/office).
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