Ordinance 1214 - FAILED - Zoning - Woodland Court384
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ORDINANCE NO. 1214
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING LOTS
27, 28 AND 29 OF GREENACRES SUBDIVISION (PREVIOUSLY ZONED URBAN
RESIDENTIAL, R--2) TWO FAMILY RESIDENTIAL, R-4, IN ACCORDANCE WITH
THE KALISPELL CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE
DATE.
WHEREAS, Lots 27, 28 and 29 of Greenacres Subdivision are
lots located approximately 1300 feet south of
Woodland Avenue on the east side of South Woodland
Drive, and
WHEREAS, the City of Kalispell, pursuant to Section
27.30.010, Kalispell Zoning Ordinance requested
that the zoning classification of said lots be
changed to Residential, R-4, and
WHEREAS, said lots exists as vacant property, and
WHEREAS, the request of the City of Kalispell was the
subject of a report compiled by the Flathead
Regional Development Office, #KZC 94-3, September
3rd, 1994, in which FRDO evaluated the request and
recommended that said lots be rezoned as
Residential, R-4, as requested by the petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission held a public hearing after due and
proper notice, on September 13th, 1994, and
considered the zone change request, including the
FRDO report and public input, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission made and passed a motion recommending
denial of the zone change, and
WHEREAS, after considering FRDO Report #KZC 94-3 and the
report of the Kalispell City -County Planning Board
and Zoning Commission submitted on the proposal to
zone said lots Residential, R-4, the City Council
makes the following based upon the criterion set
forth in Section 76-2-304, MCA and State etc. vs.
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 as, "Public". The
public designation indicates that it is "A district intended
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to be used principally for a public purpose by a city...".
The requested R-4 zoning designation at this location by this
owner is in conformance with that Master Plan. In addition,
the designation of the area north east and west is Suburban
residential which would permit this zone.
Is The Reguested Zone Designed to Lessen Congestion In The
Streets And Facilitate The Adequate._ Provision Of
Trans ortation Water Sewer Schools Parks And Other Public
Reg_uirements?
Congestion in the street and adequate transportation is caused
by an overburden of the system by traffic. 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; this density of
development is anticipated under the Master Plan. In
addition, South Woodland Drive is considered a Collector
street by the Master Plan and is expected to handle the
increase in traffic.
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 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 R-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, mechanical, and 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 Master Plan. The City's Master Plan
does support the requested zone change. The requested zone
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would not intrude on the health or general welfare of the City
by providing an area for urban density development to occur as
provided for in the Master Plan. The surrounding residential
uses are 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 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.
Residential development will certainly occur on this site if
the zone change is approved. The uses associated with the R-4
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?
The subject site is well suited for uses permitted within the
R-4 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 Zoninct 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 R--4 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
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expected.
Will The Requested 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 urban residential uses. The area
consists residential 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
No. 1175, as amended) is hereby amended by
designating said lots as Residential, R-4.
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 OF THE CITY OF KALISPELL,
THIS DAY OF OCTOBER, 1994.
Douglas D. Rauthe - Mayor
ATTEST:
Debbie Gifford, C.M.C.
Clerk of Council
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