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:
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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.
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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.
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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
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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.
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ATTEST:
Debbie Gi , CMC
Clerk of Council
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Dougl D. Rauthe, Mayor