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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.: j\wp\ord\tineeth 1 27 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 j\wp\ord\tinseth 2 1520 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 j\wp\ord\tinseth 3 1 1 53 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 j\wp\ord\tinaeth 4 si .. " D. Rauthe, Mayor-