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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 2 384 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 3 385 1 1 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. 4 shall be effective thirty date of its final passage F;3-8G a PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL THIS DAY OF -e r,- , 1995. ��- (::I- DouglagV D. Rauthe, Mayor ATTEST; C Debbie Giftotp, CMC Clerk of Council 5 1 1