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Ordinance 1275 - Zoning - First Security Bank548 ORDINANCE NO. 1275 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING PROPERTY DESCRIBED IN EXHIBIT "A" (PREVIOUSLY ZONED B-1 NEIGHBORHOOD BUFFER DISTRICT), B-3, COMMUNITY BUSINESS DISTRICT, IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Great Northern Bancshares, Inc. and First Security Bank of Kalispell, the owners of property more particularly described in Exhibit "A", petitioned the City of Kalispell that the zoning classification attached to the described tract of land be changed to B-3, Community Business District, and WHEREAS, the property as described exists as property surrounded to the North by RA-1 classification, to the East by P-1 classification, to the South by B-3 classification, and to the West by RA-1 and.B-1 classification, and WHEREAS, the petition of Great Northern Bancshares, Inc. and First Security Bank of Kalispell was the subject of a report compiled by the Flathead Regional Development Office, #KZC-97-03, dated October 8, 1997, in which the Flathead Regional Development Office evaluated the petition and recommended that the property as described above be rezoned B-3, Community Business District, as requested by the petition, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission issued a report recommending the property as described be zoned B-3, Community Business District, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-3, Community Business District, 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, Stc_ 590 P2d 602: This 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 this master plan map designation. j:wp\ord\1st5ecurity -1- Is tha 1ReCj31est-_g-rI Zone Designed to Lessen Congestion in the Strpetn? Currently, the area proposed for -rezoning is undeveloped. The uses allowed under the proposed B-3 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 is anticipated, and since the sites are currently developed, additional traffic and congestion which might be generated as a result of zone change are minimal. 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 effect the risk and safety factors which might be associated with this property. Currently this property is undeveloped. Uses allowed under this district and intended for this property would provide services to residences within the immediate area at a convenient location. it appears that the zone change would promote the general health and welfare of the community. Adequate light and air would be provided both by the density in the district and the setback requirements for structures. �- C-q - -• •�- -• •- �� - • • I• • r WIN "M Development of this property under the proposed B-3 zoning would not lead to overcrowding or the undue concentration of people since this is an area intended for commercial use and development along a minor arterial j:wP1crd\lstsecurity -2- within an established commercial area. of Transportation., Watpr, Sewerage, SchnnIR-1, Parks, an Otber niblic Racguirementa? 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. PrOTZI �-410 'WILLS VIE'' Currently this property is undeveloped and is in an area which is transitioning toward a more commercial nature. The uses permitted on the property would be 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. The character of the area is commercial, business, and some high density residential. The requested zone is consistent with the uses and zoning in the area since it is intended for this mix of uses. The value of buildings would generally be stabilized by this change in zoning and subsequent development since this will further establish this area as a viable commercial area. The use planned for this property is a core commercial use which would be anticipated in an area such as this and which would be consistent and compatible with other buildings in the area which are primarily commercial, office and high density residential. Will the ReCpiested Zane Encourage the Most Appr=riat`e Use of the Land Throughout the Jerisdicti j:wp\ord\lstSecurity -3- 551 1 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 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 T. 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 Exhibit "A" as B-3, Commercial Business District. 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 iiI. This Ordinance shall be effective thirty 1301 days from and after the date of its final passage by the City Council. PASSED rAND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL THIS / 7-0' DAY OF �)U VePALW , 1997. ATTEST: r Debbie Giff C Clerk of Council ]:wp\ord\1stSecurity -4- Dougl s D. Rauthe, Mayor 1 IT A GREAT NORTHERN BANCSHARES, INC. FIRST SECURITY BANK ZONE CHANGE FROM B-1 TO B-2 LEGAL DESCRIPTION OF PROPERTY That portion of the Southeast 1/4 of the Northeast 1/4 of Section 12, Township 28 North, Range 22 West, Principal Meridian, Flathead County, Montana, described as follows: Conunencing at the southeast corner of the Southeast 1/4 of the Northeast 1/4 of Section 12, Township 28 North, Range 22 West, Principal Meridian, Flathead County, Montana; thence along the south line of said aliquot part, South 89°53'08" West 30.00 feet to the westerly right- of-way line of Meridian Road; thence along said right-of-way line, North 00°46'03" West 40.00 feet to the point of beginning of the parcel being described; thence continuing along the westerly right-of-way line of said Meridian Road, North 00°46'03" West 179.79 feet to the southerly line of Stubb's Addition, records of Flathead County, Montana; thence along said southerly line, South 89°39'18" West 249.69 feet to the southeast corner of that parcel described in Document No. 199721316370, records of Flathead County, Montana; thence along the south line of said parcel, South 89°40'01" West 111.31 feet; thence at right angles to said south line, South 00" 19'59" East 178.35 feet to the northerly right-of-way of Two Mile Drive; thence along said northerly right-of-way line, North 89°53'08" East 362.39 feet to the point of beginning, containing 1.487 Acres of land.