Ordinance 1181 - Zoning - Tidyman'sORDINANCE NO. 1181
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING A
TRACT OF LAND LOCATED IN THE EAST 1/2 OF THE SOUTHEAST 1/4 OF
SECTION 7, '!OWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA, (PREVIOUSLY ZONED B-3, COMMERCIAL BUSINESS) B-4,
CENTRAL BUSINESS, IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN,
AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, a tract of land located in the East 1/2 of the
Southeast 1/4 of Section 7, T28N, R21W, P.M.M., Flathead County,
Montana, is a part of the "Kalispell Market Place" commercial
subdivision, and
WHEREAS, Tidyman's, the owner of a tract of land located in
the East 1/2 of the Southeast 1/4 of Section 7, T28N, R21W, P.M.M.,
Flathead County, Montana, petitioned the City of Kalispell that the
zoning classification attached to a tract of land located in the
East 1/2 of the Southeast 1/4 of Section 7, T28N, R21W, P.M.M.,
Flathead County, Montana, be changed to B-4, Central Business, and
WHEREAS:,. a tract of land located in the East 1/2 of the
Southeast 1/4 of Section 7, T28N, R21W, P.M.M., Flathead County,
Montana, exists as a tract of land surrounded to the north, east
and west by B-3, Commercial Business zoning classification and to
the south by a B-4, Central Business zoning classification, and
WHEREAS, the petition of Tidyman's was the subject of a report
compiled by the Flathead Regional Development Office, #KZC-92-3,
dated November 2, 1992, in which the Flathead Regional Development
Office evaluated the petition and recommended that a tract of land
located in the East 1/2 of the Southeast 1/4 of Section 7, T28N,
R21W, P.M.M., Flathead County, Montana, 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 that a tract of land located in the East
1/2 of the Southeast 1/4 of Section 7, T28N, R21W, P.M.M., Flathead
County, Montana, be zoned B-4, Central Business, 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
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WHEREAS, after considering all the evidence submitted on the
proposal to zone a tract of land located in the East 1/2 of the
Southeast 1/4 of Section 7, T28N, R21W, P.M.M., Flathead County,
Montana, 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
"General Commercial" use. This specific area is
identified in the text of the plan, on page 46, as one
projected to experience considerable commercial growth.
The plan defines the General Commercial district as one
"which provides for compact retail sales, services and
office uses normally associated with a central business
district..." The request to rezone the property to B-4,
Central Business, is clearly in compliance with the
master plan.
Will The Requested Zone Secure Safety From Fire Panic
And Other Dangers?
Development within the B-4 zone district 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 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.
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Will The Reguested zone Provide For Adequate Light And
Air?
The parking, landscaping and clear vision setback
requirements should ensure that light and air are
adequately provided. Again, any development on the
r property is subject to additional review.
Will The Reguested 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 commercially -zoned property.
It should be noted that essentially the same land uses
are permitted and conditionally permitted in the proposed
zone as -in the existing zone.
Will The Re uested Zone Avoid Undue Concentration of
Peale?
Concentration of people is a function of land use.
Commercial development will certainly 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 Re uested 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 zoning, both existing
and proposed, is'commercial, schools and parks should not
be impacted. .The provision of public facilities for a B-
4 zone should not differ greatly from those required in
the existing B-3 district.
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Does The Requested Zone .Give Consideration to The
Particular Suitability Of The Property For Particular
Uses?
The subject property is well suited for uses permitted
within the B-4 zone district. All surrounding properties
are commercially zoned and, for the most part, are
developed commercially. The site is served by both an
arterial street (Third Ave. E.N.) and a collector (First
Ave. E.N.).
Does The Requested Zoning Give Reasonable Consideration
To The Character Of This District?
The requested zoning will extend the current limits of
the B-4 district to include all of the property owned by
the applicant. Currently that property is burdened by
two zoning classifications. The district is primarily
commercial. Development of the Kalispell Market Place
property, as anticipated, would enhance the character of
the neighborhood.
Would The Proposed Zoning Conserve The Value Of The
Buildin s?
The subject property contains a single building - the
Tidyman's store. It is a permitted use in both the
current and proposed zone districts. Therefore, the
value of the building should remain the same, whether the
zone change is approved or not. It could be argued,
however, that if the requested zone change does not gain
approval, the building will remain non -conforming (does
not meet side yard setback as a result of the recent
plat), and as such, be of less value.
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 text of the
plan specifically identifies this area for general
commercial uses normally associated with a central
business district. A change in zoning to the B-4 Central
Business district is most appropriate.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
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SECTION I. Section 27.02.010, of the Official Zoning Map
of the Kalispell Zoning,Ordinance, (Ordinance #1175) is
hereby amended by designating a tract of land located in
the East 1/2 of the Southeast 1/4 of Section 7, T28N,
R21W, P.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 4th DAY OF January , 1993.
ATTEST:
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Robertson
Finance Director
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