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Ordinance 1258 - Zoning - Appleway Drive & Portion of Two Mile Drive476 ORDINANCE NO. 1258 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING CERTAIN PROPERTIES KNOWN AS A PORTION OF TWO MILE DRIVE AND APPLEWAY DRIVE, (PRESENTLY ZONED RESIDENTIAL, COMMERCIAL AND INDUSTRIAL), TO ZONE SAID PROPERTY CONSISTENT WITH THE PROPERTIES LOCATED NORTH AND SOUTH FROM THE CENTERLINE OF SAID PORTION OF TWO MILE DRIVE AND SAID APPLEWAY DRIVE, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, the Flathead County Board of Commissioners, the owner of property more particularly described as the portion of Appleway Drive located west of Meridian Road and south of Highway 2 West and the Two Mile Drive section located west of Meridian Road for approximately one mile, 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 zoned consistent with the zoning of the properties which are north and south of the centerline of the roadways which contain a mix of residential, business and commercial, and WHEREAS, the petition of the Board of the Flathead County Commissioners was the subject of a report compiled by the Flathead Regional Development Office, #KA-96-07 dated December 2, 1996, in which the Flathead Regional Development office evaluated the petition and recommended that the property as described above be zoned consistent with the zoning north and south of the roadways, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission issued a report recommending said property be zoned consistent with the zoning north and south of the roadways, and WHEREAS, after considering all the evidence submitted on the proposal to zone said property consistent with the zoning north and south of the roadways, 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 Commissioners., Etc. 602: 1 1 1 f Does the -Re plested—Zone Comply with_the__MaSteM_�1 The property is designated by the Kalispell City -County Master Plan as a roadway and will continue to be used a such. Zoning will be consistent with the master plan. No development is likely to occur on this property, thus lessening congestion in the streets. Dangers? No uses on this property other that for public access is anticipated. The general health and welfare of the community will be promoted by providing areas for public access. No development is likely to occur on this property and it will remain in use as part of the public roadway system, thus providing adequate light and air. No private development or other development will likely occur on this land which will prevent the overcrowding of land. No development can be anticipated to occur on this property which would result in the undue concentration of people. Will the Recuested Zone Vacilitate the Adequate Provision Of Transportation, Water, Sewerage, Schools-, Parks and Other Public Requirement$? This property will further the goals of providing adequate public roadways for the community. 2 F 478 Lloes the- R Que ed� ane Give Consideration ta_ the Particular S3iitahj1jj--y nf the Property for Par injilar Uses? Currently this property is used as part of the County roadway system and will continue to be used as such. The zoning will facilitate the continuance of the use of the property for public access. r This zoning is consistent with the character and zoning in the area. Will the Prnosed Z e of Ru ldings? Value of the buildings in the area will be conserved by keeping this property in public use. Will the RequestQH e Land Throughout the Municipality Continuing this property to be used a part of the public roadway system encourages the continuation of the current use of the property which is the most appropriate use of the land for the community and municipality. 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 in Exhibits "A" and "B", attached hereto and for purposes of this Ordinance made a part hereof, in a manner consistent with properties located North and South of the centerline of roadways, 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 3 4179 1 shall remain in full force and effect. SECTION 111, 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 Z 16+ DAY OF ar ,1997. 1 ATTEST: Debbie Gi , CMC Clerk of Council 1 n J Dougl D. Rauthe, Mayor