Ordinance 1257 - Zoning - Lonepine View Estates4 7
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ORDINANCE NO. 1257
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KAILISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
PROPERTY KNOWN AS LONEPINE VIEW ESTATES, FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED COUNTY R-4, TWO-FAMILY RESIDENTIAL), TO CITY R-3,
A SINGLE-FAMILY RESIDENTIAL DISTRICT, IN ACCORDANCE WITH THE CITY -
COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Vista Construction Inc., the owner of property more
particularly described as Lonepine View Estates, attached hereto
and thereby made a part hereof, petitioned the City of Kalispell
that the zoning classification attached to the above described
tract of land be changed to R-3, a single-family residential
District, under the City of Kalispell Zoning Ordinance, and
WHEREAS, said property exists as property surrounded to the
north by single-family residences; County R-4 and R-1 zoning, to
the east by single-family residences; County R-1 and City R-1
zoning, to the south by County SAG-10 zoning, undeveloped, and to
the west by single-family residence; County R-1 zoning, and
WHEREAS, the petition of Vista Construction Inc. was the
subject of a report compiled by the Flathead Regional Development
Office, #KA-96-08, dated December 2, 1996, in which the Flathead
Regional Development Office evaluated the petition and recommended
that the property as described above be initially zoned R-3, a
Residential district, upon annexation in the City of Kalispell, as
requested by the petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report recommending said property be zoned as
R-3, Residential District, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone said property R-3, Residential District, the City
Council makes the following based upon the criterion set forth in
Section 76-3-608, M.C.A., and State_, Etc_ v. Board of County
Commis inners. Etc_ 990 P2d 602L
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472
Does the Requested Zone Comply with_. thy" Master Plan?
The property is designated by the Kalispell City -County Master Plan
as "Urban Residential" which is defined as allowing two to eight
units per acre. The requested R-3 zoning classification is in
conformance with that designation since it allows up to seven units
per acre.
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No change is anticipated in the potential congestion by changing
the zoning from County R-4 to City R-3 because of the similar
density and uses allowed in the districts.
Adequate access, turnaround and water supply is available to the
site in the case of a f ire. No features on the property exist
which would compromise the safety of the public. Any new
construction would be required to be in compliance with the
building safety codes of the City which relate to fire and building
safety. All municipal services including police and fire
protection, water and sewer service is available to the area.
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 promoting the goals of
the Master Plan.
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Setback, height, and coverage standards for development occurring
on this site are established in the Kalispell Zoning Ordinance to
insure adequate light and air is provided.
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A change in zone from County R-4 to City R-3 will not result in any
increase in the density which is currently allowed. All public
services and facilities will be available to serve the site. This
zone change will not result in an overcrowding of land.
Minimum lot standards and use standards as well as subdivision
development standards will avoid the undue concentration of people
at the time the property is developed.
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All public services and facilities are currently available or can
be provided to the property. Development should be encouraged in
areas where these services are available.
Does the Recpxested Zone Give Consideration to the Particular
,qui tahility of the __p.r.Qperty for Particular Uses?
The proposed R-4 zoning district is consistent with the surrounding
zoning and land uses in the area and gives due consideration of the
suitability of this property for the permitted used in the
district.
The general character of the area is single family residential
development. The same type of development can be anticipated to
occur on this property and will be consistent with the character of
the district.
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474
Wi i 1 _ the PronosedsQneof Su g.s?-
Value of the buildings in the area will be conserved because the R-
3 zoning will promote compatible and like uses on this property as
are found on other properties in the area.
Small lot residential development should be encouraged in areas
were services and facilities are available such as is being
proposed on this parcel. The proposed zoning is consistent with
the master plan and surrounding zoning in the area.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. 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 Lonepine View
Estates as R-3, Residential district, upon annexation into the
City of Kalispell.
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 _.I 1 This Ordinance shall be effective thirty (30)
days from and after the date of its final passage and approval
by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
THIS 5t DAY OF O u-a r , 1997 .
ATTEST:
Debbie Gif o C
Clerk of Council
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Dougl D. Rauthe, Mayor