Ordinance 1225 - Zoning - Hinzman368
ORDINANCE NO. 1225
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
PROPERTY LOCATED APPROXIMATELY 70 FEET EAST OF 3RD AVENUE WEST ON
THE NORTH SIDE OF 2ND STREET WEST (PREVIOUSLY ZONED RA-2, HIGH
DENSITY RESIDENTIAL APARTMENT), B-4, CENTRAL BUSINESS, IN
ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN
EFFECTIVE DATE.
WHEREAS, Randy Hinzman, the owner of property located
approximately 70 feet east of 3rd Avenue West on the north side of
2nd Street West, more particularly described as the East 82 feet of
Lots 7 & 8, Block 48, Original Townsite of Kalispell, Flathead
County, Montana, petitioned the City of Kalispell that the zoning
classification attached to the above described property be changed
to B-4, Central Business, and
WHEREAS, the property described above exists as property
surrounded to the north and west by RA-2 classification and east
and south by B-4 classification, and
WHEREAS, the petition of Randy Hinzman was the subject of a
report compiled by the Flathead Regional Development Office, #KCZ-
95-02, dated March 31, 1995, in which the Flathead Regional
Development office evaluated the petition and recommended that the
property described above be rezoned B-4, Central Business_, as
requested by the petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report making a recommendation that the
property described above be zoned B-4, Central Business, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property described above B-4, Central
Business; 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 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 for
"Commercial". Therefore, the proposed B-4 zoning
classification is in conformance with the Master Plan.
Will the Requested Zone Secure Safety from Fire. Panic
and Other Dangers?
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Development within the B-4 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
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, the
commercial is anticipated in this general location as
stated in 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 Master Plan. The City's Master
Plan does support the requested zone change. The
commercial use would not intrude on the health or general
welfare of this particular neighborhood. The surrounding
uses are 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 should 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 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 land use.
Commercial re -development will certainly occur on this
site if the zone change is approved. The uses associated
with the B-4 zoning designation anticipate a certain
concentration of people and should not create an undue
hardship on the neighborhood.
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Is the Requested Zone Designed to Lessen. Congestion in
the Street and Facilitate the Adequate Provision _.q,f
Transportation. Water, Sewer, Schools. Parks and Other
Public Requirements?
The B-4 zone is designed to be utilized for the Central
Business District. As such this zone, at this location,
with access to 2nd Street West and the alley is designed
to lessen congestion. Any additional demands for
transportation, water or sewer collection as a result of
development or redevelopment of the property would be
evaluated pursuant to individual development proposals;
adequate services exist in the area. Because the zoning
is nonresidential schools and parks should not be
impacted.
Does the Reguested Zone Give Consideration to the
Particular Suitability of the Property for Particular
Uses?
This property is a minor expansion of the B-4 zone and is
particularly well suited for this change because of the
types of uses permitted in this zone and the location of
the request along a Collector street adjacent to existing
B--4 .
Does the Re uested Zoning Give Reasonable Consideration
to the Character of this District?
The property under consideration in this proposal fits
the character of the district. The district is designed
for downtown commercial, to the east and south is zoned
the same. The requested zone change is not out of
character with the surrounding city.
Would the Proposed Zoning Conserve the Value of the
Buildings?
The existing use on the property would be redeveloped
into a commercial use. The value of the building should
not be negatively impacted because generally commercial
buildings would be more valuable than residential. A
change to the B-4 zone will not significantly impact,
erode, or devalue the neighborhood beyond the type of
uses that are currently allowed or that exist in the
area.
Will the Requested Zone Change Encourage the Most
APRroRriate Use of the Land Throughout the Jurisdiction?
The requested zoning classification is consistent with
the Kalispell City -County Master Plan. The Plan map
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specifically identifies this location for commercial
uses. The neighborhood consists of commercial uses and
residential uses. 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 property described as
the East 82 feet of Lots 7 & 8, Block 48■ Original
Townsite Kalispell, in the NE4 of Section 18, T28N, R21W,
F.M.M., Flathead County, Montana, as B-4, Central
Business.
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 CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL THIS 5th DAY OF June , 1995.
ATTEST:
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Debbie Gif CMC
Clerk of Cou 1
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DouglaQ D. Rauthe, Mayor