Ordinance 1182 - Zoning - Fincher238
ORDINANCE NO. 1182
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL'S ZONING ORDINANCE (ORDINANCE NO. 1175), BY ZONING
TRACT 5BA IN GOVERNMENT LOT 2, SECTION 7, T28N, R21W, (PREVIOUSLY
ZONED R-4, TWO FAMILY RESIDENTIAL) B-1, NEIGHBORHOOD COMMERCIAL, IN
ACCORDANCE WITH THE KALISPELL CITY -COUNTY MASTER PLAN, AND TO
PROVIDE AN EFFECTIVE DATE.
WHEREAS, Tract 5BA in Government Lot 2, Section 7, T28N, R21W
is a single lot located approximately 100 feet east of North
Meridian Road and 500 feet north of West Wyoming Street in
Kalispell, Flathead County, Montana, and
WHEREAS, Nadine Fincher, the owner of Tract 5BA in Government
Lot 2, Section 7, T28N, R21W, petitioned to the City of Kalispell
that the zoning classification attached to Tract 5BA in Government
Lot 2, Section 7, T28N, R21W, R-4, Two Family Residential, be
changed to B-1, Neighborhood Commercial, and
WHEREAS, the petition of Nadine Fincher was the subject of a
report compiled by the Flathead Regional Development Office, #KZC-
92-2, dated November 2, 1992, in which the Flathead Regional
Development Office evaluated the petition and recommended that
Tract 5BA in Government Lot 2, Section 7, T28N, R21W, be rezoned B-
1, Neighborhood Commercial, 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 loth 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 that Tract 5BA in Government Lot 2,
Section 7, T28N, R21W, be zoned B-1, Neighborhood Commercial, 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 Tract SBA in Government Lot 2, Section 7, T28N,
R21W, B--1, Neighborhood Commercial, 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 in a transition area
between High Density Residential and Commercial. The
types of uses permitted in the proposed B-1 zone district
are compatible with the adjacent residential areas. The
request to rezone the property to B-1, Neighborhood
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-1 zone district is subject to
certain standards including building setbacks, maximum
lot coverage 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 pafe 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, setback, lot coverage, lot
area and building height requirements should ensure that
light and air 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
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accommodate the land uses allowed in the requested zone.
Furthermore, sufficient review processes are in place to
prevent overcrowding of the commercially -zoned property.
Will The Requested Zone Avoid Undue Concentration of
People?
Concentration of people is a function of land use.
Commercial development may 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 proposed zoning is
commercial, schools and parks should not be impacted.
The provision of public facilities for a B-1 zone should
not differ greatly from those required in the existing R-
4 district.
Does The Reguested Zone Give Consideration To The
Particular Suitability Of The Pr02erty For Particular
Uses?
The subject property is well suited for uses permitted
within the B-1 zone district. Adjacent properties to the
west are commercially zoned and have, for the last thirty
years, utilized the subject property for commercial
storage purposes. The site is land -locked, however, and
an access easement to North Meridian Road will be
required in order to use the property.
Does The Requested Zoning Give Reasonable Consideration
To The Character Of This District?
The requested zoning will extend the current limits of
the B-1 district to include approximately 13,000
additional square feet of land. As is mentioned above,
the site is currently used as a storage area for an
adjacent commercial use. To validate that use of the
property, or to permit other "light" commercial uses by .
::ezonin,, property to B-1, would not jeopardize the
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character of the district.
Would The Proposed Zoning Conserve The Value Of The
Buildings?
The subject property contains no buildings. Therefore,
this criteria does not apply.
Will The Requested Zone Change Encourage. The Most
AgRroRriate Use Of The Land Throughout The Jurisdiction?
The requested zoning classification is consistent with
the Kalispell City -County Master Plan. It is
unreasonable to expect this piece of property to be
developed under the current R-4 zoning, as access is only
available via an easement across commercial properties to
North Meridian. The lot would be most appropriately used
if rezoned to B-1 Neighborhood Commercial.
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 Tract 5BA in Government Lot
2, Section 7, T28N, R21W, as B-11 Neighborhood
Commercial.
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
KALI SPELL THIS 4th DAY OF January , 1993.
""& (�' R-CA��_
DouglasOD. Rauthe, Mayor
ATTEST:
a", -,// - 2Z -- Jrmy H./Robertson
Finance Director