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Ordinance 1217 - FAILED - Zoning - Pack346 P P L 107 W-F UJ + -H b E& vJ ZQ CL%J' P�& ORDINANCE NO. 1217 (V37 V O T E.S O I 3 -b9�- 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. 1 3 4'1 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 348 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? 3 49 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. 4 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 5 Douglas D. Rauthe, Mayor L EXHIBIT "A" It T2,1111, sP. COUNTY R- 1 psitislWj7Lw � ��ISM GYM F A