Ordinance 1229 - Zoning - Dye88`J
ORDINANCE NO. 1229
AN ORDINANCE TO AMEND SECTION 27.01.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175) BY ZONING
PROPERTIES LOCATED ON THE NORTHWEST CORNER OF LIBERTY STREET AND
MERIDIAN ROAD (PREVIOUSLY ZONED R-3, RESIDENTIAL), R-5,
(RESIDENTIAL/PROFESSIONAL OFFICE), IN ACCORDANCE WITH THE CITY -
COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Benchmark Homes, William and Barbara Dye, the owners
of properties located on the northwest corner of Liberty Street and
Meridian Road, more particularly described as Lots 5, 6, 7, and the
east 43 feet of Lot 9, Block 1, Adams Addition, petitioned the City
of Kalispell that the zoning classification attached to the above
described tract of land be changed to R-5, Residential/Professional
Office, and
WHEREAS, the properties described as Lots 5, 6, 7, and the
east 43 feet of Lot 9, Block 1, Adams Addition, exist as property
surrounded to the north, west and south by R-3 classification and
to the east by RA-1 classification, and
WHEREAS, the petition of Benchmark Homes, William and Barbara
Dye was the subject of a report compiled by the Flathead Regional
Development Office, #KZC-95-05, dated August 29, 1995, in which the
Flathead Regional Development Office evaluated the petition and
recommended that the properties described as Lots 5, 6, 7, and the
east 43 feet of Lot 9, Block 1, Adams Addition, be rezoned as R-5,
Residential/Professional Office, as requested by the petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report recommending the properties described as
Lots 5, 6, 7, and the east 43 feet of Lot 9, Block 1, Adams
Addition, be zoned R-5, Residential/Professional office, and
WHEREAS_, after considering all the evidence submitted on the
proposal to zone the properties described as Lots 5, 6, 7, and the
east 43 feet of Lot 9, Adams Addition R-5, Residential/Professional
Office; 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, more specifically the
North Meridian Neighborhood Plan, adopted in 1994.
According to the Neighborhood Plan, the property is
designated for "High Density Residential". This request
is considered in conformance with the Neighborhood Plan
and was anticipated. In addition, it would set the
desirable precedent for the balance of the properties
along Meridian Road in this block to be rezoned to R-5
which is also expected to occur.
Will the Requested Zone Secure Safety from Fire, Panic
and Other Dangers?
Development within the R-5 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. Uses typically
found in this type of zone would include: a duplex per
lot, medical/dental clinics, professional offices, title
companies, real estate offices, photo studios, and travel
agencies.
One limitation to developing this property would be the
upgrade of Meridian Road to four lanes at this location.
This limitation is not considered severe enough to
preclude development. However, additional right-of-way
acquisition may be needed and access to these properties
might be difficult after the upgrade.
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's Master Plan. The City's Master
Plan does support the requested zone change. This zone
would not intrude on the health or general welfare of
this particular neighborhood. The surrounding uses are
considered compatible with the proposed zoning
classification intent.
Will the Requested Zone Provide for Adeguate.,Light and
Air?
The parking, landscaping, and setback requirements of the
zoning ordinance would ensure that light and air are
adequately provided when the property is
developed/redeveloped.
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
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the property. Adequate infrastructure is in place in the
area 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.
Development will certainly occur on this site if the zone
change is approved. The uses associated with the R-5
zoning designation anticipate certain concentrations of
people and should not create an undue hardship on the
neighborhood.
1s the Reciuested Zone Designed to Lessen Congestion in
the Street and Facilitate the Adequate Provision of
Transportation, Water Sewer Schools, -Parks and Other
Public Requirements?
As discussed in the Neighborhood Plan, the R--5 zone is
designed to be utilized for this area. The development
constraints of the R-5 zone are designed to lessen
congestion in the streets for any development.
Additional demands for transportation, water, and sewer
collection as a result of redevelopment of the property
would be evaluated pursuant to individual development
proposals. Adequate services exist in the area. The
residential nature of this zone would impact schools and
parks; 'the commercial aspect of the zone would not. No
significant impact is expected.
Does the Re uested Zone Give Consideration to the
Particular Suitability of the Property for Particular
Uses?
This request introduces the R-5 zone into this area and
is well suited for this change because of the types of
uses permitted in this zone and its exposure to an
arterial; those uses being residential and office -type
commercial in nature.
Does the Requested Zoning Give Reasonable Consideration
to the Character of this District?
The property under consideration in this proposal fits
the character of the district because Kalispell has
adopted a Neighborhood Plan. This Neighborhood Plan and
its parent plan indicate the need for additional
affordable housing in Kalispell and the desire to allow
light commercial in this area. It is the character of
the Meridian Road area as outlined in the Neighborhood
Plan to help supply the jurisdiction with these types of
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uses. The R-5 zone would help supply that need. The
zone is designed as a transition/buffer zone between
higher intensity uses/arterial and the neighborhoods
behind them. The requested zone change is not out of
character with the surrounding city as proposed by the
Neighborhood Plan.
Would the Proposed Zoning Conserve the Value of the
Buildings?
The property is currently occupied by a house which would
be redeveloped into another R-5 use. A change to the R-5
zone should not significantly impact, erode, or devalue
the neighborhood beyond the type of uses that are
currently allowed or that exist in the area, since this
zone is designed to be used for the purpose of buffering.
Will the Reguested Zone Change Encourage the Most
AARRropriate Use of the Land Throughout the Jurisdiction?
The requested zoning classification is consistent with
the Kalispell City -County Master Plan. This type of zone
and its associated land uses are expected in this area
and would provide the City with additional commercial
and/or housing units when developed. The Plan map
specifically identifies this location for this zone. The
neighborhood consists of residential and non-residential
uses. The proposed zone change would allow 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 described as
Lots 5, 6, 7, and the east 43 feet of Lot 9, Block 1,
Adams Addition, as R-5, Residential/Professional Office.
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
(30) days from and after the
and approval by the Mayor.
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shall be effective thirty
date of its final passage
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PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL THIS DAY OF -e r,- , 1995.
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DouglagV D. Rauthe, Mayor
ATTEST;
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Debbie Giftotp, CMC
Clerk of Council
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