Ordinance 1251 - Zoning - Lantis449
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ORDINANCE NO. 1251
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
PROPERTY KNOWN AS A PORTION OF TRACT 5AM IN THE NORTHWEST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22
WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED R-4 TWO-
FAMILY, RESIDENTIAL), RA-1, RESIDENTIAL APARTMENT DISTRICT, IN
ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN
EFFECTIVE DATE.
WHEREAS, Lantis Enterprises, Inc., the owner of property more
particularly described in Exhibit "A", 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 changed to RA-1, Residential Apartment District, and
WHEREAS, the property as described in Exhibit "A" exists as
property surrounded to the north by City R-4 and R-1
classification, to the east by City R-4 and R-1 classification, to
the south by City RA-1 classification, and to the west by R-1
classification, and
WHEREAS, the petition of Lantis Enterprises, Inc. was the
subject of a report compiled by the Flathead Regional Development
Office, #KZC-96-02, dated October 1, 1996, in which the Flathead
Regional Development Office evaluated the petition and recommended
that the property as described above be rezoned RA-1, Residential
Apartment 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
in Exhibit "A" be zoned RA-1, Residential Apartment District, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described in Exhibit "A" RA-1,
Residential Apartment 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, Etc. 590
P2d 602;
Does the Requested Zone Comply with the Master Plan?
The Kalispell City -County Master Plan map indicates this
area as Urban Residential which provides for a gross
density of two to eight units per acre. Anticipated
development would include single-family and duplex
housing, manufactured housing on individual lots and
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attached housing under a planned unit development concept
where adequate open space is provided to compensate for
increased density. Maximum density which would be
permitted on the property proposed for rezoning could be
calculated to be 45 duplex units or approximately 90
dwelling units under the master plan designation; or 41
duplex units under the RA-1 zoning. All multi -family
projects under the proposed RA-1 zoning would require a
conditional use permit. This rezoning request is in
compliance with urban residential master plan
designation.
Is the Requested Zone Designed to Lessen Congestion in
the Streets?
This property is located between Three Mile Drive and
Liberty Street and has access to both roadways. Both of
these streets are paved, and Three Mile Drive is
designated as a minor arterial in the Kalispell City -
County Master Plan. Traffic coming to and from this area
would generally use Three Mile Drive or Liberty Street.
Without consideration being given to the accompanying
conditional use permit, some additional traffic could be
anticipated as a result of this zone change. However,
the proposed personal care facility would not generate
substantial traffic volumes. In any event, the existing
roadways are adequate to accommodate anticipated traffic
volumes which might be anticipated from rezoning this
property.
Will the Requested Zone Secure Safety from Fire, Panic
and Other Dangers?
It appears there is little risk from fire or other
dangers which could be associated with this site because
it is in a core urban area of Kalispell with fire and
police services within one mile. Direct access can be
provided from Three Mile Drive and a secondary access
provided from Liberty Street. Although the topography of
the site has some grades of approximately six percent,
these should not impede emergency vehicle access if
property developed. No significant impacts could be
anticipated with regard to safety hazards, fire or other
emergency situations.
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Will the Requested
Zone Change Promote the Health and
General Welfare?
The general health
and welfare of the community may be
served by rezoning
this property because there is good
access to the site
from major roads within or near the
core urban area of
Kalispell. If the site is developed
as is proposed with accompanying conditional use permit
application for
two personal care facilities, an
apparently growing
housing need within the community can
be met.
Will the Requested
Zone Provide for Adequate Light and
Air?
Setbacks, parking
requirements and height limitations
provided for in the
zoning ordinance provides development
standards which
are intended to prevent the
overdevelopment of
properties. The proposed structures
meet the setbacks requirements of the district as well as
the height limits.
Adequate light and air will be
provided in this proposed zone.
Will the Requested Zone Prevent the Overcrowding of Land
or Undue Concentration of People?
The minimum lot size for the proposed RA-1 zoning for
this property is 6,000 square feet. The 5.7 acre parcel
proposed for rezoning is not intended for further
subdivision, but rather intended for development for two
personal care facilities for the elderly. Development of
this parcel is intended to be a single story residential
structure with adequate parking, minimal lot coverage and
adequate setbacks. When these properties are developed,
it would be anticipated that they will meet these
standards thus preventing the overcrowding of land.
Will the Reauested Zone Facilitate the Adequate Provision
of Trans ortation, Water, Sewerage, Schools, Parks, and
Other Public Requirements?
All of the necessary public facilities which would be
required for the development of this properties is
generally in place. City water can be extended from
either Northern Lights Boulevard, Liberty Street or Three
Mile Drive, and City sewer would be extended from
Northern Lights Boulevard to the west across an existing
easement. Roadways serving the properties are paved,
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well -maintained roads which can provide good access.
Police and "fire protection are nearby. Adequate
infrastructure exists to accommodate future development
of these properties.
Does the Requested Zone Give Consideration to the
Particular Suitabilit of the Property for Particular
Uses?
This zoning appears to be suited to this property because
of its proximity to other types of similar buildings and
uses, thus promoting compatibility and reducing potential
conflicts. Currently, there are a number of multi -family
developments to the south including a ten unit personal
care facility under construction. A church is in the
area along with a community park, both are within a
reasonable walking distance. This property appears to be
suited for the uses allowed in the proposed RA-1 zoning
district.
Does the Requested Zone Give Reasonable Consideration to
the Character of the District?
Properties to the south have been developed with a mix of
two --family, multi -family, and some single-family
residences. The proposal to place a personal care
facility on this property is compatible with other uses
in the area. Basic amenities and services exist in the
area such as parks, churches, shopping, medical and
dental services which would be in close proximity to this
property. Any multi -family or non-residential use which
might be proposed would be required to obtain a
conditional use permit. The proposed rezoning gives
reasonable consideration to the character of this area
and the district.
Will the Proposed Zone Conserve the Value of Buildings?
The value of buildings would not appear to be effected by
the proposed zone change because the uses allowed within
the district area generally compatible with other uses
existing in the area. Any potential use which might be
more intensive would require a conditional use permit and
a public hearing, thereby insuring an acceptable level of
compatibility.
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Will the Requested Zone Encourage the Most Appropriate
Use of the Land Throughout the Jurisdiction?
This rezoning appears to provide a reasonable and logical
transition between the expanding urban residential uses
in the core area of Kalispell and the lower density
residential outside of this core area. The Master Plan
anticipates urban residential development in this area.
Additionally, full public services are available to serve
the property including roads, water, sewer, police and
fire.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTIOU I. 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 RA-1, Residential Apartment 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
(30) days from and after the date of its final passage
and approval by the Mayor.
PASSED AND APPROVED BY THE ITY COUNCIL OF THE CITY OF KALISPELL
THIS 1'94h DAY OF no Vem er- 1996.
Dougla D. Rauthe, Mayor
ATTEST:
Debbie Giffoly, C
Clerk of Counci
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EXHIBIT "A"
A tract of land located in the NW1/4 NE1/4 of Section 12, Township
28 North, Range 22 West, P.M.M., Flathead County, Montana and more
particularly described as follows:
Beginning at the Northwest corner of Deed Exhibit Book 523 Page
872, Flathead County Records, thence the following courses are
along the boundary lines as shown on said Deed Exhibit,
N89026122"E, 35819 feet; S00000'17"E, 17935 feet; N89026'22"E,
12634 feet; S00008'3411E, 22467 feet; S00010'34"W, 23735 feet,
S89024109"W, 48992 feet, N00029141"E, 64176 feet to the point of
beginning. Containing 6.66 acres of land.
C.
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