Ordinance 1180 - Zoning - Flathead IndustriesORDINANCE NO. 1180
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL`S ZONING ORDINANCE (ORDINANCE NO. 1175), BY ZONING
LOTS 11 AND 12, BLOCK 62, KALISPELL ORIGINAL TOWNSITE (PREVIOUSLY
ZONED RA-1, LOW DENSITY RESIDENTIAL APARTMENT) RA-3, RESIDENTIAL
APARTMENT/OFFICE, IN ACCORDANCE WITH THE KALISPELL CITY -COUNTY
MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Lots 11 and 12, Block 62, Kalispell Original
Townsite, are located at 305 Third Avenue East, situated at the
southeast corner of Third Street East and Third Avenue East,
Kalispell, Flathead County, Montana, and
WHEREAS, Flathead Industries, the owner of Lots 11 and 12,
Block 62, Kalispell Original Townsite, petitioned the City of
Kalispell that the zoning classification attached to Lots 11 and
12, Block 62, Kalispell Original Townsite, RA-1, Low Density
Residential Apartment, be changed to RA-3, Residential
Apartment/Office, and
WHEREAS, the petition of Flathead Industries was the subject
of a report compiled by the Flathead Regional Development Office,
#KZC-92-4, dated November 2, 1992, in which the Flathead Regional
Development office evaluated the petition and recommended that Lots
11 and 12, Block 62, Kalispell Original Townsite, be rezoned RA-3,
Residential Apartment/Office, 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
the 10th day of November, 1992, and considered all of the facts
relevant to the zone change request, including the FRDO report and
public input, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report recommending denial of the petition
submitted by Flathead Industries, and
WHEREAS, pursuant to Section 27.30.030 of the Kalispell Zoning
Ordinance, the City Council of the City of Kalispell held a public
hearing after due and proper notice, pursuant to Section 76-2-303,
M.C.A., on the 21st day of December, 1992, and considered the FRDO
report, and the record of the Kalispell City -County Planning Board
and Zoning Commission and public input both for and against the
recommended zoning, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone Lots 11 and 12, Block 62, Kalispell Original
Townsite, RA-3, Residential Apartment/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:
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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 "High
Density Residential" use. The text of the plan states
that "this district is often used as a buffer between
commercial areas and less dense residential housing
serving as a transitional area while having immediate
access to commercial services." While the master plan
anticipates residential densities as great as 40 units
per acre, it does not specifically include uses such as
offices which are permitted in the RA-3 zone district, in
this area. The plan does, however, project High Density
Residential development to occur "adjacent to the Central
Business District..." To expand that area adjacent to
the Central Business District which is currently zoned
RA-3, to include two additional city lots as requested,
can be considered to be in compliance with the intent of
the master plan.
Will The Requested Zone Secure Safety From -Fire, Panic
And Other Dangers?
Development within the RA-3 zone district is subject to
certain standards including minimum lot area and
setbacks, and maximum building height and lot coverage.
Further, any development of the property is subject to
review by the City's Site Plan Review Committee, and
requires the issuance of building, plumbing, mechanical
and 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.
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. The zoning
ordinance provides a mechanism for public input and
review for all zone change requests. This process offers
an opportunity to ensure that any changes to the Official
Zoning Map are done in the general public interest.
Additionally, other review mechanisms are in place to
ensure that development is in compliance with all
applicable safety codes.
Will The Requested Zone Provide For Adequate Light And
Air?
The parking and landscaping, building setback, and lot
coverage requirements should ensure that light and air
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are adequately provided. Again, any development on the
property is subject to additional review.
Will The Requested Zone Change Prevent The Overcrowding
Of Land?
Overcrowding of land can occur when development outpaces
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.
Furthermore, sufficient review processes are in place to
prevent overcrowding of the residentially -zoned property.
Will The Requested Zone Avoid Undue Concentration of
People?
Concentration of people is a function of land use.
Office development will likely occur on this site if the
zone change is approved. This development will result in
a certain concentration of people. An undue
concentration of people would result if the property is
developed at a level which exceeds the environmental or
service carrying capacity of the land. A proper review
process, sufficient regulatory controls, and an adequate
infrastructure are all in place to ensure proper
development.
Will The Reguested Zone Facilitate The Adequate Provision
Of Transportation, Water Sewer Schools Parks And Other
Public Requirements?
The additional demands for transportation, water or sewer
collection will be evaluated pursuant to individual
development proposals. Because the proposed zoning
allows residential densities similar to the existing
zoning, in addition to various office uses, and just two
lots are affected, schools and parks should not be
significantly impacted. The provision of public
facilities for an RA-3 zone should not differ greatly
from those required in the existing RA-1 district.
Does The Requested Zone Give Consideration To The
Particular Suitabi.lity Of The PropertV For Particular
Uses?
The subject property is well suited for uses permitted
within the RA-3 zone district. If developed for
residential uses, impact to the surrounding properties
will be. unnoticed. If developed as office space, the
property will take advantage of its location adjacent to
a minor arterial street, and will serve as a buffer
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between the residential areas to the east and the Central
Business District to the west.
Does The Requested Zoning Give Reasonable Consideration
To The Character Of This District?
The requested zoning will extend the current limits of
the RA-3 district to include two additional city lots.
This should not pose a threat to the integrity or
stability of the area. The property has not been used
for residential purposes for at least several decades; to
change the zoning to RA-3 would not only legitimize the
current use of the property, but would allow other,
similarly -compatible uses to locate on this site.
Would The Proposed Zoning Conserve The Value Of The
Buildings?
The subject property contains a single building - the
Flathead Industries rehabilitation facility. That use
is, at the present time, a legally-nonconforjning use. A
change of zoning to RA-3 would bring the use into
conformity and in doing so conserve the value of the
building.
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 land uses
permitted in the requested zone are appropriate for the
area. The subject property's proximity to Kalispell's
Central Business Districti and a minor arterial street
further support the appropriateness of the change in
zoning.
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 Lots li and 12, Block 62,
Kalispell Original Townsite, as RA-3, Residential
Apartment/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 shall be effective thirty
(30) days from and after the date of its final passage
and approval by the Mayor.
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PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL THIS 4th DAY OF January , 1993.
Doug as . Rauthe, Mayor
ATTEST:
A
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jdfy—H. Robertson
Finance Director
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