Ordinance 1266 - Zoning - Meridian Offices528
ORDINANCE NO. _ 12.6
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY REZONING
PROPERTY OWNED BY MERIDIAN OFFICES LTD. AND LESLIE AND PATRICIA
TINSETH, DESCRIBED HEREIN (PREVIOUSLY ZONED NEIGHBORHOOD BUSINESS
ZONE, B-1 DISTRICT), TO B-2, A GENERAL BUSINESS DISTRICT, IN
ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN
EFFECTIVE DATE.
WHEREAS, Meridian Offices Ltd. and Leslie and Patricia
Tinseth, the owners of property more particularly described as the
East 315 feet of Assessor's Tract 5CF, Quirk's Addition No. 46 and
the East 125 feet of Assessor's Tract SCE located in Section 12,
Township 28 North, Range 22 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 B-2, a
General Business District, under the City of Kalispell Zoning
Ordinance, and
WHEREAS, said property
exists as property surrounded to
the
North by General Business,
B-2 classification; to the East
by
Neighborhood Business, B-1
classification; to the South
by
Neighborhood Business, B-1
classification; and to the West
by
Public, P-1 classification, and
WHEREAS, the petition of Meridian Offices, Ltd./ Leslie and
Patricia Tinseth was the subject of a report compiled by the
Flathead Regional Development Office, #KZC-97-2, dated July 1,
1997, in which the Flathead Regional Development Office evaluated
the petition and recommended rezoning the property from
Neighborhood Business, B-1 to General Business, B-2, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report recommending said property be rezoned as
General Business, B-2, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone said property General Business, the City Council
makes the following based upon the criterion set forth in Section
76-2-203, M.C.A.:
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Does the Requested Zaae__Comply with the Manter Plan?
The area is within the boundaries of the North Meridian
Neighborhood Plan. The Neighborhood Plan designates these
properties as commercial. The proposed rezoning would be in
compliance with the master plan map designation.
Currently, the area proposed for rezoning has existing office
buildings. The uses allowed under the proposed B-2 may generate
more traffic than those allowed under the existing B-1 zoning.
However, North Meridian Road is an arterial within the city where
large volumes of traffic and congestion which might be generated as
result of this zone change are minimal.
all
r_.•-
Access, fire suppression and circulation in the area are adequate
to secure the area from fire, panic and other dangers which might
compromise the safety of the public. Rezoning will not affect the
risk and safety factors which might be associated with this
property.
Currently these lots are developed and have been constructed
according to current building codes. There would be an
insignificant impact on the general health and welfare of the
community with regard to the rezoning of these lots.
Adequate light and air would be provided both by the density in the
district and the setback requirements for structures.
Wo. — .. 1 of -I. WN0.1
`-.. NO,
The structures on these parcels have been established with the
previous uses. Further expansion will be minimal. The overall
density of the area would not be significantly changed with the
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proposed B-2 zoning on this property.
Will the Requested Zone Facilitate the Adecpjate Provision_ of
Transportation, Water, Sewerage, Schools, Parks and Other_ Public
Requirements?
All public services and facilities are available to this site such
as fire protection, police protection, schools, parks and
recreation and a good transportation system. Adequate services can
be provided to accommodate the development of these lots.
Currently the property is being used commercially and is in an area
which is developing toward a more commercial nature. The uses on
the property will not change substantially and are consistent and
compatible with other uses in the area. The requested zone change
gives adequate consideration to the suitability of the property for
uses allowed in the B-2 district.
Does the Requested Zone Give Reasonable Consideration to —the
Character of the District?
The character of the area is commercial, business and some high
density residential. The requested zone is consistent with the
uses in the area since it is intended for this mix of uses.
The value of the buildings in the area would be generally
unaffected by this change in'zoning. The uses planned for these
lots are commercial and office which would be consistent and
compatible with other buildings in the area which are primarily
commercial, office and high density residential.
The neighborhood plan designates this area for commercial
development. The zoning in the area and the requested zoning are
consistent with that land use designation. The zoning is used as
a tool to implement the master plan thereby encouraging the most
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appropriate use of land throughout the planning jurisdiction.
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: the East 315
feet of Assessor's Tract 5CF, Quirk's Addition No. 46 and the
East 125 feet of Assessor's Tract 5CE located in Section 12,
Township 28 North, Range 22 West, P.M.M., Flathead County,
Montana; General Business, B-2.
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 IrT. This Ordinance shall be effective thirty (30)
days from and after the date of its final passage and
approval.
PASSED AND APPROT BY THE CITY CO IL AND YOR OF THE CITY OF
KALISPELL THIS DAY OF ,1997.
5nu"/V,
Debbie Giff r C
Clerk of Counci
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.. " D. Rauthe, Mayor-