Ordinance 1217 - FAILED - Zoning - Pack346
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ORDINANCE NO. 1217 (V37 V O T E.S O I
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AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
PROPERTIES LOCATED ON THE SOUTH SIDE OF TWO MILE DRIVE
APPROXIMATELY 1/2 MILE WEST OF MERIDIAN ROAD (PREVIOUSLY ZONED RA-
1, LOW DENSITY RESIDENTIAL APARTMENT), RA-2, HIGH DENSITY
RESIDENTIAL APARTMENT, IN ACCORDANCE WITH THE CITY -COUNTY MASTER
PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Ronnie and Margaret Pack, the owners of properties
located on the South side of Two Mile Drive approximately 1/2 mile
west of Meridian Road, as shown in Exhibit "A" attached hereto and
therefore 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-2, High Density Residential Apartment, and
WHEREAS, the properties as shown in Exhibit "A" exist as
property surrounded to the north by City R-4, RA-1, B-3 and County
R-1 classifications, to the west by City R-4 and County R-1
classifications, and to the south and east by City B-2 and B-3
classifications, and
WHEREAS, the petition of Ronnie and Margaret Pack was the
subject of a report compiled by the Flathead Regional Development
Office, #KZC--94-04, dated December 29, 1994, in which the Flathead
Regional Development Office evaluated the petition and recommended
that the properties as shown in Exhibit "A" be rezoned RA-2, High
Density Residential Apartment, as requested by the petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report making no recommendation as to whether
the properties as shown in Exhibit "A" be zoned RA-2, High Density
Residential Apartment, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the properties as shown in Exhibit "A" RA-2, High
Density Residential Apartment; 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 Re nested Zone Comply With the Master Plan?
The subject property is within the jurisdiction of the
Kalispell City -County Master Plan. According to the map
of the master plan, the property is designated as "High
Density Residential". The designation indicates a
maximum density of 40 dwelling units per gross acre.
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is the Requested Zone Designed to Lessen Congestion in
the Streets to Facilitate the Adequate Provision of
Transportation, Water, Sewer, Schools, Parks and Other
Public Re uirements?
Congestion in the street and inadequate transportation is
caused by an overburden of the system by a variety of
traffic types. The zone in this case would not
overburden the system because traffic generation is a
function of the number of dwelling units and uses that
are allowed within a given area; the density of
development is anticipated under the Master Plan. In
addition, Two Mile Drive is considered a Collector street
by the Master Plan and Corporate Way is proposed to be
upgraded to handle commercial traffic flows to U. S.
Highway 2 which are expected to handle the increase in
traffic.
The most significant impacts to development of this area
will be the construction of the U. S. Highway 93 Bypass
and the requirement to obtain a 404 permit to cross
Ashley Creek. As can be seen on the attached Vicinity
Map the bypass alignment is proposed to bisect Parcel 5K.
This will become significant at the time of development
more than at this time. Ashley Creek crosses the
property near the north end of the area of the request.
In order to obtain secondary access this crossing would
need to be accomplished. Additionally, Corporate Way
will be required to be extended north and to the west to
connect with the easement along the south boundary of
Greenbriar Subdivision.
A change of zone will allow a greater density of
development to occur. However, the area is being served
or can be served by urban infrastructure including:
municipal street, parks, fire, and police departments,
and sewer -water and other utilities. Any development of
this site will require further City review, whether in
the form of a conditional use permit, subdivision review,
building permits, and/or Site Plan Committee review.
Impacts from specific development will be addressed at
the time of the request.
Will the Requested Zone Secure Safety From Fire, Panic
and Other Dangers?
Development within the RA-2 zone is subject to certain
standards including maximum building height and the
provision of off-street parking. Further, any
development of the property is subject to review by the
City's Site Plan Review Committee, and requires the
issuance of City building, plumbing, and mechanical and
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State electrical permits. These requirements and review
processes help ensure that development of the property
subsequent to the zone change is done in a safe manner.
In addition, this type of development activity is
anticipated at this location per the Master Plan.
Will the Requested Change Promote the Health and General
Welfare?
The general purpose of the City's zoning ordinance is to
promote the general health and welfare and does so by
implementing the City -County Master Plan. The City -
County Master Plan supports the requested zone change.
The requested zone would not intrude on the health or
general welfare of this particular neighborhood and, in
fact, would promote the health and general welfare of the
City by providing an area for high density development to
occur as provided for in the Master Plan. The
surrounding uses would be considered compatible with the
proposed zoning classification.
Will the Requested Zone Provide for Adequate Light and
Air?
The parking, landscaping and clear vision setback
requirements of the zoning ordinance, subdivision
regulations, and review by the Site Review Committee
would ensure that light and air are adequately provided.
Will the Requested Zone Change Prevent the Overcrowding
of Land?
Overcrowding of land can occur when development out -paces
or exceeds the environmental or service limitations of
the property. Adequate infrastructure is in place or can
be provided to accommodate the land uses allowed in the
requested zone.
Will the Requested Zone Avoid Undue Concentration of
People?
Concentration of people is a function of .'hand use.
Residential development will certainly occur on this site
whether or not the zone change is approved. The uses
associated with the RA-2 zone are anticipated for the
concentration of people expected and should not create an
undue hardship on the neighborhood.
Does the Requested Zone Give Consideration to the
Particular Suitability of the Property for Particular
Uses?
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The subject site is considered well suited for uses
permitted within the RA-2 zone. The property is of
adequate size and has adequate access to facilities for
the type of uses permitted in the proposed zone. No
significant negative impact is expected.
Does the Requested Zoning Give Reasonable Consideration
to the Character of This District?
The properties in question are well suited for the type
development and anticipated under the Master Plan for
requested zone because of the topography, access,
regional location, and size of the proposal. No
significant negative impact is expected.
Would the Proposed Zoning Conserve the Value of the
Buildings?
The subject request would not significantly impact
buildings. There are no known uses that would be
affected by this zone. A change to the RA-2 zone will
not significantly impact, erode or devalue the
neighborhood beyond the type of uses that are currently
allowed to exist. No significant negative impact is
expected.
Will the Reguested Zone Change Encourage the Most
Appropriate Use of the Land Throughout the Jurisdiction?
The requested zoning classification is consistent with
the Kalispell City -County Master Plan. The Plan
specifically identifies this area for high density
residential uses. The area consists of residential and
commercial uses and that is what is permitted in the
requested zone. The proposed zone change would be the
most appropriate use of the land.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. Section 27.02.010, of the Official Zoning Map
of the Kalispell Zoning Ordinance, (Ordinance #1175) is
hereby amended by designating the properties as shown in
Exhibit "A", attached hereto and therefore made a part
hereof, as RA-2, High Density Residential Apartment.
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.
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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 CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL THIS DAY OF , 1995.
ATTEST:
Debbie Gifford, CMC
Clerk of Council
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Douglas D. Rauthe, Mayor
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EXHIBIT "A"
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