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Ordinance 1253 - FAILED - Zoning - Greenacres/South Woodland459 Facled 12--16-96 ORDINANCE NO. 1291 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING PROPERTY KNOWN AS SOUTH WOODLAND/GREENACRES, FLATHEAD COUNTY, MONTANA, (PREVIOUSLY A MIXTURE OF RESIDENTIAL, COMMERCIAL AND INDUSTRIAL USES), AS FOLLOWS: R-1, SUBURBAN_RRAMEWTIAL FOR THOSE P-ROPERTIES.LOCATE SOUTH OF WOODLAND AVXNUE-, HART OF THE CURRENT CITY LIMITS AND WEST OF WILLOW GLEN DRIVE KUTCH INCLUDES BGMZA ING TRACT LANDS AND LOTS WITHIN THE GRERNACRUS ORIGINAL SURDIVISTOET WHICH FRONT ALONG WILLOW GLEN DRIVE WITH THS SOUTHERN MOST BOUNDARY BEING LOT 8 OF GREENACRES ORT ;TNT• SUBDIVISION. R-2, . SINGLE-FAMILY GREBNACRE,g NORTHNEST SUBT)TVTSTQN- GRKEWC UNITS ONE, TWO THBS$•__1 ORIGINAL NORTH OF HAVEN DRIVE AND BAST -OF SOUTH WOODLAND DRIVE. _AND ADJOINING TRACT LANDS. R- 3 , SINGLE-FAMILY RESIDENTIAL MOULD INCLUDE THOSE PROPERTIES LOCATED IN GREENACRES UNIT FOUR; MEADOW PARK SUBDIVISION; MEADOW PARK UNIT NO. 2 AND ADJOINING TRACT LANDS. B-2, A GENERAL BUSINESS DISTRICT, WOULD INCLUDE THOSE PROPERTIES ALONG HIGHWAY 93 SOUTH. LIGHT INDUSTRIAL ZONING FOR THOSE PROPERTIES SOUTH OF KELLY ROAD; AND P- 1, PUBLIC FOR THE COUNTY PARK AND THE HOMEOWNERS PARK, IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has initiated annexation proceedings for a portion of southeast Kalispell, more particularly described as South Woodland/Greenacres, attached hereto and thereby made a part hereof, and WHEREAS, said property exists as property surrounded to the north by City R-3 and R-4 classification, to the east by R-1 classification, to the south by County R-5, B-2 or I-1 classification, and to the west by Highway 93 South with properties along thy highway either City B-2 or City I-l.,and WHEREAS, the annexation was the subject of by the Flathead Regional Development Office, November 6, 1996, in which the Flathead Regional evaluated the annexation and recommended that described above be initially zoned R-2 and residential, B-2, a general business district wi j:\wp\ord1253.wpd N 1 a report compiled #KA-96-06, dated Development Office the property as R-3, single-family th the County Park 460 P-1, Public, upon annexation in the City of Kalispell, as requested , and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission issued a report recommending said property be zoned as described above, and WHEREAS, after considering all the evidence submitted to zone said property R-2 and R-3, single-family residential, B-2, a general business district with the County Park P-1, Public, the City Council makes the following based upon the criterion set forth in Section 76-3-608, M. C.A. , and State Etc _ v_ Hoard of CQuntic Commissioners-, Etc. 590 P2d 602: Does the Requested Zone Comnly with the Master Plan? The property is included in the Kalispell City -County Master Plan as well as the South Woodland/Greenacres Neighborhood Plan which is in the final stages of approval. The neighbordhood plan designates the residential areas as single family residential with the exception of some small pockets of property developed with townhouses or apartments which are designated high density residential. Residential areas have been designated as R-2 or R-3, both single family residential districts with the exception of the multi -family areas which have been proposed for RA-1 Low Density Residential Apartment. Commercial and industrial properties which are designated as such on the neighborhood plan have been proposed for B-2, general commercial, or I-1, light industrial, in accordance with the plan. The proposed zoning designations are in compliance with the master plan for the area. Some change may be anticipated with the change in zoning to less congestion in the street specifically with regard to future residential development because some of the residential densities have been decreased in the proposed zoning. j:\wp\ord1253.wpd E 1 1 1 461 sted Zone Secure Safety from Fire., Panic and Othe Dane r a ? 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. Adequate access is available to accommodate emergency and life safety equipment. The proposed zoning classifications will promote the health and general welfare by helping to promote the goals of the neighborhood plan, reducing potential residential traffic volumes as it relates to future development and separates non -compatible uses. 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. The proposed zoning designations attempt to limit development to single family residential area and not to increase the amount of commercial and industrial properties already in existence. Thus, the proposed zoning attempts to prevent the overcrowding of land. Minimum lot standards and use standards, as well as subdivision development standards, will avoid the undue concentration of people at the time future properties are developed. Transportation Water,, Provision . of Sewerage., Schoola, Parks and 0ther—Plih1jr- All public services and facilities are currently available or can be provided to the property. The extension of specific services to j:\wp\ord1253.wpd 3 f '' ;.� .. 4-62 the area are further addressed under the Extension of Services Plan, Exhibit A. Does the Requested Zone__ Give Consideration to_ the Particular Suitability of the Property for Particular Usea7 The proposed zoning district is consistent with the goals of the neighborhood plan which was recently drafted and is in the final stages of approval. An evaluation of land uses in the area was considered as part of the drafting of the plan. The zoning gives adequate consideration to the suitability of the land proposed for zoning. The general character of the area is primarily single family residential with a mix of commercial and industrial uses along Highway 93. The proposed zoning has attempted to create a separation of incompatible uses, retain a density single family residential character and separate then from the more intensive commercial and industrial uses. Will the Proposed Zone Conserve_ the Value of Buildings? Value of the buildings in the area will be conserved because the proposed zoning attempts to accommodate existing uses while carrying out the goals of the neighborhood plan and master plan. The proposed zoning is in general compliance with the neighborhood plan and master plan which reflect the goals for the entire municipality as well as the immediate community. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTTON 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance ##1175) is hereby j:\wp\ord1253.wpd 4 468 amended by designating the property descril:,,ed as South ... -- -- as Wondland -r mf the1 rs and of •. -e s - I 1 ._ - .rI- being • - - r , - - / • f - • I - • r C) R-3, Single-family Residential, for properties located in Greenacres unit four; Meadow Park subdivision; Meadow Park unit no. 2 and adjoining tract lands. D) B-2, a General Business district, would include those properties along Highway 93 South. L) Light -industrial zoning for those properties south of Kelly Road. P-1, Public for the County Park and Homeowners Park; upon annexation into the City of Kalispell. 3SCTION 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. S XTION III_ This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval by the Mayor. j:\wp\ord1253.wpd 5 41V � 464 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL THIS DAY OF ,1996. ATTEST: Debbie Gifford, CMC Clerk of Council j:\wp\ord1253.wpd 6 Douglas D. Rauthe, Mayor LJ 1