Ordinance 1335 - Zoning - Nuturing Centera
ORDINANCE NO. 1335
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
CERTAIN REAL PROPERTY DESCRIBED AS LOT 6, BLOCK 49 AND LOT 9 AND
THE WEST 60 FEET OF LOTS 7 AND 8, BLOCK 48, KALISPELL ORIGINAL
TOWNSITE, KALISPELL, FLATHEAD COUNTY, MONTANA, PREVIOUSLY ZONED RA-
T, (HIGH DENSITY RESIDENTIAL APARTMENT) TO RA-3 (RESIDENTIAL
APARTMENT/OFFICE), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN,
AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, Susan Christofferson of the Nurturing Center and Jean
Louise Roe Living Trust, the owners of property described above,
petitioned the City of Kalispell that the zoning classification
attached to the above described tract of land be changed- from RA-2,
High Density Residential Apartment to B-4, Central Business, and
WHEREAS, the property as described exists as property
surrounded to the North by residential, RA-2 classification, to the
East by multi --family and commercial uses, B-4 classification, to
the South by commercial uses, B-4 classification, and to the West
by residential, RA-2 classification, and
WHEREAS, the petition of the Nurturing Center and the Jean
Louise Roe Living Trust was the subject of a report compiled by the
Flathead Regional Development Office, #KZC-99-4, dated August 2,
1999, in which the Flathead Regional Development Office evaluated
the petition and recommended that the property as described above
be zoned B-4, Central Business as requested by the petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission adopted the FRDO report and recommended the property as
described be zoned B-4, Central Business, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described B-4, Central Business,
the City Council 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 following as findings of fact
of FRDO as set forth in Report No. KCZ-99-4.
1. Does the requested zone comply with the Master Plan?
The Kalispell City -County Master Plan map designates this area
as transitional. The re -zoning to B-4, Central Business, or
RA-3, Residential Apartment/Office, meet the goals of the
master plan with regard to commercial expansion. Specifically,
the Goal 6, Land Use, Section (a) which encourages adequate
areas for a variety of business and commercial uses such as
neighborhood oriented business and services, highway
commercial oriented activities and general commercial uses.
Goal 6, Section (b) encourages expansion of commercial areas
based on compact development pattern designed to meet the
needs of the intended service area. Goal 1, Energy, encourages
infilling to take advantage of existing streets and services.
The proposed zone change furthers several goals of the
Kalispell City -County Master Plan relating to expansion of
existing commercial areas.
2. Is the requested zone designed to lessen congestion in the
streets?
Access to these properties would be from Second Street West
and Third Avenue west. These streets are in relatively good
condition. Second Street West is designated as a collector in
the master plan and anticipated to accommodate more traffic
than the local street system. Additional traffic which might
be generated from the redevelopment of this property can be
adequately accommodated by the road system in the area.
3. Will the requested zone secure safety from fire, panic, and
other dangers?
Very little risk from fire or other dangers exist on this site
because of its good access and its proximity to urban
services. Access to the site would be good in the case of an
emergency. No significant impacts could be anticipated with
regard to safety hazards, fire or other emergency situations.
Aim
4.
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Q
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Will the requested change promote the health and general
welfare?
By concentrating additional commercial development in areas
which have community water and sewer, access onto a collector
street and in an established commercial area, make re -zoning
to B-4, Central Business, or RA-3, Residential Apartment/
office, a reasonable and appropriate use of the property.
Furthermore, the master plan designation for this property is
transitional. It appears that the general welfare of the
community would be advanced by re -zoning this property
commercial or residential apartment/office.
Will the requested zone provide for adequate light and air?
Adequate light and air would be provided both by the low
density allowed in the district and other development
standards relating to specific uses allowed in the district.
Will the requested zone prevent the overcrowding of land or
undue concentration of people?
There is no minimum lot size for the proposed B-4 zoning on
these properties. However, the potential development
associated with this property would be limited by the
development standards associated with the B-4 zoning district
that relate to lot coverage, the types of uses permitted under
the zoning, parking requirements and landscaping. RA-3 does
have property development standards as to minimum lot sizes.
Development on the property if re -zoned RA-3 will further
limit development. There are limited if any environmental
constraints associated with this property. Commercial or
office development in this area is appropriate because of its
location and the availability of urban services. The re -zoning
of this land would not create an undue concentration of people
or the overcrowding of land.
Will the requested zone facilitate the adequate provision of
transportation, water, sewerage, schools, parks, and other
public requirements?
Existing transportation, police and fire protection as well as
water and sewer are currently available to service this
property and are adequate to accommodate any commercial or
office use that might develop. Development potential of the
property is good and adequate provision of services can be met
on this property for commercial or office development.
Does the requested zone give consideration to the particular
suitability of the property for particular uses?
The master plan designates this property as transitional on
the plan map and there is significant other commercially zoned
property to the north and to the south. The location of the
property with access to a street which is designated as a
collector and in an established commercial area make
commercial or office development of this site a reasonable
request.
Does the requested zone give reasonable consideration to the
character of the district?
The character of the area is commercial to the east and south
along with some high density residential uses. There are
established residential areas to the west. This property will
in effect act,as a transition area between the two land use
types. The location of this property in an area where there is
commercial development gives consistency to commercial or
office development in the area. Additionally, one of the
properties has been established as a long standing commercial
use and was made non -conforming by the RA-2 zoning currently
in place. This re -zoning will make it a conforming use. This
re -zoning gives reasonable consideration to the character of
the area.
lo. Will the proposed zone conserve the value of buildings?
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Additional commercial or office development in the area would
be consistent and compatible with existing development thereby
minimizing potential conflicts and conserving the value of
buildings in the area.
LOOK
11. Will the requested zone encourage the most appropriate use of
the land throughout the jurisdiction?
Re -zoning the property complies with the master plan map
designation and because of its location on a busy street,
commercial or office development seems the most appropriate
use of this property. Furthermore, the re -zoning is an
expansion of commercial development in areas of established
commercial area. It appears that this re -zoning would
encourage the most appropriate use of this property and the
use of land in the planning jurisdiction.
WHEREAS, the City Council determines that an RA-3, Residential
Apartment/Office designation for the property would be less
intrusive to the residential character of the neighborhood than a
B-4, Central Business designation, and
WHEREAS, a RA-3, Residential Apartment/Office would satisfy
the needs of the applicant and amount to a less intensive use.
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 #1175) is
hereby amended by designating the property described as
Lot 6, Block 49 and Lot 9 and the West 60 feet of Lots 7
and 8, Block 48, Kalispell Original Townsite, Kalispell,
Flathead County, Montana as RA-3, Residential
Apartment/Office.
SECTION II. The balance of Section 27.02.010, Official
Zoning Map, City of Kalispell Zoning Ordinance not
amended hereby shall remain in full force and effect.
SECTION III. This Ordinance shall be effective thirty
(30) days from and after the date of its final passage
and approval by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AND SIGNED BY THE MAYOR THIS 20TH DAY OF SEPTEMBER, 1999.
ATTEST:
Theresa White
City Clerk
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Wm T .bohar*i
Wm. E. Boharski
Mayor