Ordinance 1172 - Zoning - O'Neil194
ORDINANCE NO. 1172
AN ORDINANCE TO AMEND SECTION 5.01, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1110), BY ZONING
TRACT 3 OF SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, FLATHEAD
COUNTY, MONTANA, (PREVIOUSLY ZONED RESIDENTIAL APARTMENT, RA-1)
GENERAL BUSINESS, B-2, IN ACCORDANCE WITH THE KALISPELL CITY -
COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Tract 3 of Section 17, Township 28 North, Range 21
West, Flathead County, Montana, is a single lot located on the
intersection of Third Avenue East and 18th Street, Kalispell,
Flathead County, Montana, and
WHEREAS, Ivan and Marian F. O'Neil, the owners of Tract 3 of
Section 17, Township 28 North, Range 21 West, Flathead County,
Montana, petitioned the City of Kalispell that the zoning
classification attached to Tract 3 of Section 17, Township 28
North, Range 21 West, Flathead County, Montana, Residential
Apartment, RA-1, be changed to General Business, B-2, and
WHEREAS, Tract 3 of Section 17, Township 28 North, Range 21
West, Flathead County, Montana, exists as a tract of land
surrounded to the west and south by General Business, B-2, zoning
classification and to the east and north by zoning classification
Residential Apartment, RA-1, and
WHEREAS, the petition of Ivan and Marian F. O'Neil was the
subject of a report compiled by the Flathead Regional Development
Office, #KZC-91-1, dated November 7, 1991, in which the Flathead
Regional Development Office evaluated the petition and
recommended that Tract 3 of Section 17, Township 28 North, Range
21 West, Flathead County, Montana, be rezoned General Business,
B-2, 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 14th day of November, 1991, 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 3 of Section 17, Township
28 North, Range 21 West, Flathead County, Montana, be zoned
General Business, B-2, and
WHEREAS, pursuant to Section 6.13 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 6th day of January, 1992, and
considered the FRDO report, and the record of the Kalispell City -
County Planning Board and Zoning Commission and public input both
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for and against the recommended zoning, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone Tract 3 of Section 17, Township 28 North, Range
21 West, Flathead County, Montana, General Business, B-2, 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 property is within the jurisdiction of the Kalispell City -
County Master Plan. According to the land use map of the Master
Plan, the property has a land use designation of "commercial".
The requested B-2 zoning classification would be in substantial
conformance with the Master Plan.
Will the requested zone secure safety from fire, panic, and other
dangers?.
The zone change may allow minor expansion of an existing
commercial structure. Said expansion will be subject to the Site
Development Review Committee of the City of Kalispell which will
insure that the building expansion complies with all of the City
of Kalispell development standards. In a general sense, there
are adequate water supply and sewage collection systems in the
area. The property is within the city limits and therefore is
within the jurisdiction of the City of Kalispell Police and Fire
Departments.
Will the requested change promote the health and general welfare?
The general purpose of any zoning ordinance is to promote the
general health and welfare. The zoning ordinance provides a
mechanism for public input and review on all zone change
requests. This offers an opportunity to insure that any changes
to the official zoning map are in the general public interest.
In a general sense, the proposed zone change will be promoting
the health and general welfare since it is in substantial
conformance to the Master Plan. In addition, other review
mechanisms are in place to insure that any additions, expansions,
or construction are built to all applicable safety codes.
Will the requested zone provide for adequate light and air?
The required parking and landscape buffering of a B-2 zoning
classification should insure the adequate provision of light and
air. In addition, any expansion to the existing commercial
structure will be subject to review by the Site Development
Review Committee. At that time, consideration will be given to
the site plan and the provision of open space.
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Will the requested zone prevent the overcrowding of land?
Overcrowding of land can occur when development outpaces or
exceeds the environmental or service limitations of the property.
Sufficient review mechanisms are in place to insure that
overcrowding of land does not occur relative to the provision of
services. As indicated in the application, the expansion of the
B-2 zoning classification may allow additional space. to
accommodate the existing uses of the property.
Will the requested zone avoid undue concentration of DeQple?
The Master Plan attempts to direct intensive, commercial
development in this area of the city. The subject property is
located at the intersection of Third Avenue East and 18th Street
in Kalispell. The property has good access onto the public road
network. The expansion of the B-2 zoning district in and around
the Western Building Center is minimal and should not
significantly increase vehicular traffic or visitation to the
site. The addition may simply make operation of the existing
facility more efficient.
Will the requested zone facilitate the adequate provision of
transportation, water, sewage, schools, parks, and other public
re uirements?
It appears that all the necessary roads and utility
infrastructure are in place to accommodate the existing use of
the property and the intended expansion area of the B-2 zoning
district. Any additional demands for transportation, water, or
sewage collection will be evaluated pursuant to development of
any building project. Commercial development, per se, will have
a minimal impact on schools and parks.
Does the requested zone give consideration to the particular
suitability of the property for particular uses?
The application notes that the purpose of the zone change is to
"match" the property boundaries with the zoning. The expansion
of the zoning is relatively minimal and is only being done to
reflect common ownership boundaries. The B-2 zoning
classification is appropriate to accommodate the expanded use of
the developed property.
Does the requested zone give reasonable consideration to the
character of the district?
By definition, a B-2 zoning classification is intended to
accommodate such uses as building centers. Outdoor storage and
display is appurtenant to these types of uses, therefore the
requested B-2 classification is appropriate to the property and
surrounding area.
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Will the proposed zone conserve the value of buildingg?
The expansion of the B-2 zoning classification to coincide with
the ownership of the land will benefit the landowner. The zone
change will eliminate any multiple zoning lines that may occur on
a single tract of land and allow opportunities to fully utilize
the property for commercial purposes.
Will the requested zone encourage the most appropriate use of the
land throughout thejurisdiction?
The requested zoning classification is appropriate according to
the Kalispell City -County Master Plan. The Master Plan is a
reflection of how the City and surrounding areas should develop
over the next 20 years. The B-2 zoning classification is
appropriate to this area of the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. Section 5.01, of the Official Zoning Map of
the Kalispell Zoning Ordinance, (Ordinance #1110) is
hereby amended by designating Tract 3 of Section 17,
Township 26 North, Range 21 West, Flathead County,
Montana, as General Business, B-2.
SECTION II. The balance of Section 5.01, 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 21st DAY OF January , 1992.
ATTEST:
Amy H. Robertson
Finance Director
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