Ordinance 1262 - Zoning - Gardner Auction1
ORDINANCE NO . —12.62
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF RALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175). BY REZONING
PROPERTY OWNED BY GARDNER AUCTION SERVICE, FLATHEAD COUNTY,
MONTANA, (PREVIOUSLY ZONED RA-1, A RESIDENTIAL APARTMENT DISTRICT),
TO I-1, A LIGHT INDUSTRIAL DISTRICT, IN ACCORDANCE WITH THE CITY -
COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Gardner Auction Service, the owner of property more
particularly described as Assessor's Tract 1AA and Lots 1 and 2 of
Guest Addition located in Section 19, Township 28 North, Range 21
West, P.M.M., Flathead County, petitioned the City of Kalispell
that the zoning classification attached to the above described
tract of land be changed to I-1, a Light Industrial District, under
the City of Kalispell Zoning Ordinance, and
WHEREAS, said property exists as property surrounded to the
North by R-1 classification; to the East by I-1 classification; to
the South by P-1 classification; and to the West by P-1
classification, and
WHEREAS, the petition of Gardner Auction Service was the
subject of a report compiled by the Flathead Regional Development
Office, #KMPA-97-2, dated March 5, 1997, in which the Flathead
Regional Development Office evaluated the petition and recommended
that the master plan be amended for the property as described above
from High Density Residential to Light Industrial and rezone the
property from RA-1 to I-1, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report recommending said property be rezoned as
I-1, Light Industrial, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone said property I-1, Light Industrial, the City
Council makes the following based upon the criterion set forth in
Section 76-3-608, M.C.A. , and State, Etc. __y__ Board__of County
Commissions_rs Eta. 590 P2d 602:
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DD-es—the RequestecLZQne Comply with—tha-ias.terPlan?
The property proposed for industrial rezoning is consistent with
the goals and policies of the master plan as they relate to the
location of light industrial.
Rezoning the proposed property to a light industrial designation
would not alter the current traffic impact because the use is
already in existence.
W,i 11__the_Requested Zone Secure Safety from_-`1rE, Panic—.nd__4ther
Dangers?
The proposed amendment appears to be in an area that is easily
served by the police and fire protection agencies because of its
good access and close proximity to services.
It appears that the light industrial designation would promote the'
general health and welfare of the community by providing the
opportunity for industrial development in an area which has been
master planned for this use.
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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.
The properties to the south are currently developed with regard to
buildings, parking and accessory structures. Adequate
infrastructure exists in the area to accommodate future development
of the property to the south.
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The change in designation of this property from high density
residential to industrial may have the potential to decrease the
concentration of people because most industrial sites are oriented
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toward warehousing and light manufacturing which generally generate
less traffic than apartment buildings.
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All public services and facilities are currently available to the
property and this change should not have a significant impact on
those services.
Does_ the RequeSted Zone Give Consideration to--thk= artic-ular
Suitability of the Property for P13rticular URes?
This change gives reasonable consideration to the proposed uses
because most of this property has already been developed and it is
unlikely that an adaptive reuse of the existing buildings would be
anticipated.
The general character of the area is industrial to the east and
public and residential to the west. This change appears to give
reasonable consideration to the character of the area to the east.
It does not however, give reasonable consideration to the public
and residential area to the west nor the south unless appropriately
buffered as required by Section 27.22.050(2), Greenbelts, of the
Kalispell Zoning Ordinance.
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The value of the existing buildings on the southern portion of the
property will be conserved. A substantial investment has been made
in the existing buildings and the current master plan designation
and zoning makes its not conducive to the adaptive reuse or
rehabilitation of the structures.
Will the Requested Zone e_of the
Land Throughout the JtirisdictjQn>
The master plan amendment and zone change encourages the most
appropriate use of land throughout the jurisdiction by providing
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opportunities for industrial development near an area designated in
the master plan for this type of use. The proposed zoning is
consistent with the master plan and surrounding zoning in the area.
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 Assessor's
Tract 1AA and Lots 1 and 2 of Guest Addition located in
Section 19, Township 28 North, Range 21 West, P.M.M., Flathead
County, as I-1, Light Industrial.
ARCTION 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 and the property is appropriately buffered as
required by Section 27.22.050(2), Greenbelts, of the Kalispell
Zoning Ordinance. Proof of such buffering shall be certified
by the City Manager prior to the zoning change becoming
effective.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
THIS DAY OFy ,1997.
ATTEST:
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Debbie Giff C
Clerk of Counc
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Q&t� Q R;D�:
Doug:Us D. Rauthe, Mayor
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