Ordinance 1252 - Zoning - Ashley ParkORDINANCE NO. 1252
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
PROPERTY KNOWN AS ASHLEY PARK PHASE II, FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED COUNTY R-4, TWO-FAMILY RESIDENTIAL), TO CITY R-4,
RESIDENTIAL, IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO
PROVIDE AN EFFECTIVE DATE.
WHEREAS, Somers Land Company, the owner of property more
particularly described as Ashley Park Phase II, 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 R-4. A Residential District, under the City of
Kalispell Zoning Ordinance, and
WHEREAS, said property exists as property surrounded to the
north by City R-4 and R-1 classification, to the east by County R-4
classification, to the south by County R-4 classification, and to
the west by City R-4 classification, and
WHEREAS, the petition
of a report compiled by the
#KA--96-05, dated November 4,
Development Office evaluated
property as described above
district, upon annexation in
the petition, and
of Somers Land Company was the subject
Flathead Regional Development Office,
1996, in which the Flathead Regional
the petition and recommended that the
be initially zoned R-4, a Residential
the City of Kalispell, as requested by
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report recommending said property be zoned as
R-4, Residential District, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone said property R-4, Residential 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 Count
Commissioners, Etc. 590 P2d 602:
Does the Requested Zone Comply with the Master Plan?
The property is designated by the Kalispell City -County Master Plan
as "Urban Residential" which is defined as allowing two to eight
units per acre. The requested R-4 zoning classification is in
conformance with that designation since it allows up to seven units
per acre.:
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456
Is the Requested Zone Designed to Lessen Con estion in the Streets?
No change is anticipated in the potential congestion by changing
the zoning from County R-4 to City R-4 because of the similar
density and uses allowed in the districts.
Will the Requested Zone Secure Safety from Fire, Panic and Other
Dangers?
Adequate access, turnaround and water supply is available to the
site in the case of a fire. No features on the property exist
which would compromise the safety of the public. Any new
construction would be required to be in compliance with the
building safety codes of the City which relate to fire and building
safety. All municipal ;services including police and fire
protection, water and sewer' service is available to the area.
Will the Reauested Zone Promote the Health and General Welfare?
The requested zoning classification will promote the health and
general welfare by restricting land uses to those that would be
compatible with the adjoining properties and promoting the goals of
the Master Plan.
Will the Requested Zone Provide for Adequate Light and Air?
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.
Will the Requested Zone Prevent the Overcrowding of Land or Undue
Concentration of People?
A change in zone from County R-4 to City R-4 will not result in any
increase in the density which is currently allowed. All public
services and facilities will be available to serve the site. This
zone change will not result in an overcrowding of land.
Will the Requested Zone 'Facilitate the Adequate Provision of
Transportation, Water, Sewerage, Schools, Parks and Other Public
Requirements?
All public services and facilities are currently available or can
be provided to the property. Development should be encouraged in
areas where these services are available.
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Does the Requested Zone Give Consideration to the Particular
Suitability of the Pro2erty for Particular Uses?
The proposed R-4 zoning district is consistent with the surrounding
zoning and land uses in the area and gives due consideration of the
suitability of this property for the permitted used in the
district.
Does the Requested Zone Give Reasonable_ Consideration to the
Character of the District?
The general character of the area is small lot residential
development. The same type of development can be anticipated to
occur on this property and will be consistent with the character of
the district.
Will the Proposed Zone Conserve the Value of Buildings?
Value of the buildings in the area will be conserved because the R-
4 zoning will promote compatible and like uses on this property as
are found on other.properties in the area.
Will the Requested Zone Encourage the Most Appropriate Use of the
Land Throughout the Jurisdiction?
Small lot residential development should be encouraged in areas
were services and facilities are available such as is being
proposed on this parcel. 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 Ashley Park
Phase II as R-4, Residential district, upon annexation into
the City of Kalispell.
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.
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PASSED ANQ APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
THIS Z �0. DAY OF p em fo ev- , 1996.
ATTEST:
0�j�(�Iwaj,
Debbie Giff CMC
Clerk of Council
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