Ordinance 1173 - Zoning - Goodman198
ORDINANCE NO. 1173
AN ORDINANCE TO AMEND SECTION 5.01, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1110), BY ZONING
ASSESSOR'S TRACTS 6BQ, 6BI, 6BH AND 6BG IN GOVERNMENT LOT. 1,
SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST (PREVIOUSLY ZONED
RESIDENTIAL, R-3) RESIDENTIAL APARTMENT, RA-1, IN ACCORDANCE WITH
THE KALISPELL CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN
EFFECTIVE DATE.
WHEREAS, Government Lot 1, Section 7, T28N, R21W, is a
single lot located on the east side of Meridian, north of
Liberty Street, Kalispell, Flathead County, Montana, and
WHEREAS, William W. Goodman, the owner of Government Lot 1,
Section 7, T28N, R21W, petitioned the City of Kalispell that the
zoning classification attached to Government Lot 1, Section 7,
T28N, R21W, Residential, R-3, be changed to Residential
Apartment, RA--1, and
WHEREAS, Government Lot 1, Section 7, T28N, R21W, exists as
a tract of land surrounded to the east, north and west by
Residential, R-3, zoning classification and to the south, by
zoning classifications Residential Apartment, RA-1 and
Residential, R-3, and
WHEREAS, the petition of William W. Goodman was the subject
of a report compiled by the Flathead Regional Development Office,
#KZC-91-2, dated December 3, 1991, in which the Flathead Regional
Development Office evaluated the petition and recommended that
Government Lot 1, Section 7, T28N, R121W, be rezoned Residential
Apartment, RA-1, 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 December, 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 Government Lot 1, Section 7,
T28N, R21W, be zoned Residential Apartment, RA-1, 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 21st 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
for and against the recommended zoning, and
WHEREAS, after considering all the evidence submitted on the
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proposal to zone Government Lot 1, Section 70 T28N, R21W,
Residential Apartment, RA-1, 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 compl3r with the Master Plan?
The property is within the jurisdiction of the Kalispell City -
County Master Plan. According to the map of the Master Plan, the
property lies in the transitional area between High Density
Residential and Urban Residential land use designations. The
requested RA-1 zoning classification would be in substantial
conformance with the Master Plan.
Will the requested zone secure safety from fire. panic. and other
dancers?
The zone change will allow for additional development in a
transitional area. Said development will be subject to review by
the Zoning Administration, the Montana Department of Health and
Environmental Sciences, and subdivision review which will ensure
that the building expansion complies with all of the City of
Kalispell development standards. In a general sense, there are
adequate water supplies 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
protection.
Will the requested chance 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 ensure that any changes
to the Official Zoning Map are in the general public interest.
This proposed zone change will be promoting the health and
general welfare since it is in substantial conformance with the
Master Plan. in addition, other review mechanisms are in place
to ensure that any development is in compliance with all
applicable safety codes.
Will the requested zone provide for adequate light and air?
The required parking and open space ratio of an RA-1 zoning
classification should ensure the adequate provision of light .and
air.
Will the requested zone chance prevent the overcrowding of land?
Overcrowding of land can occur when development outpaces or
exceeds the environmental or service limitations of the property.
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Sufficient review processes are in place to ensure that
overcrowding of land does not occur relative to the provisions of
services.
Will the requested zone avoid undue concentration of people?
The requested zone change may increase traffic to and from this
relatively undeveloped property; however, the traffic would be of
a residential use and not commercial in nature.
Will the requested zone facilitate the adequate provision of
trans ortat water sews a schools4 parkseund- other ublic
re uirements?
The additional demands for transportation, water or sewage
collection will be evaluated pursuant to development of any
construction project. The possible increase of school --aged
children that could occur as a result of the zone change would be
largely dependent on the type of development. As this is an
existing R-3 zoning, the impact should be minimal.
Does the requested zone give consideration to the Particular
suitability of the property for particular uses?
An RA-1 zoning classification would allow for two family
dwellings and compatible non-residential uses such as churches,
day care homes, and non-profit social organizations. These types
of development would be suitable for this property and, in fact,
an improvement over the existing use.
Does the requested zoning give reasonable consideration to the
character of this district?
The requested zone change gives reasonable consideration to this
particular district of varied land uses. An RA-1 zoning
classification is intended to accommodate such uses as two-family
dwellings and churches. Therefore, the requested RA-1
classification is appropriate to the property and surrounding
area.
Will the proposed zoning conserve the value of buildings?
The RA-1 zone change would be an improvement. The existing
dwelling on the property is in disrepair. The proposed zone
change could improve the property and allow for new development
of the property.
Will the re uested zone encourage the most appropriate use of the
land throughout the.iurisdiction?
The requested zoning classification is appropriate to the
Kalispell City -County Master Plan. The Master Plan is a
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reflection of how the City and surrounding areas should develop
over the next 20 years. The RA-1 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 Government Lot 1, Section
7, T28N, R21W, as Residential Apartment, RA-1.
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 3rd DAY OF February , 1992.
ATTEST:
A -my H. Robertson
Finance Director
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s D. Rauthe,