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Ordinance 1177 - Amend Zoning Map910 ORDINANCE NO. 1177 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING LOTS 8HB, 8HC, 8-3, IN THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M. FLATHEAD COUNTY, MONTANA, (PREVIOUSLY ZONED R-4, TWO FAMILY RESIDENTIAL) P-1, PUBLIC, IN ACCORDANCE WITH THE KALISPELL CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Lots 8HB, 8HC, 8-3, in the Southeast Quarter of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, are three lots located adjacent to the City Shop complex with the City of Kalispell, and WHEREAS, the City of Kalispell, the owner of Lots 8HB, 8HC, 8-3, in the Southeast Quarter of Section 18, Township 28 North, Range 21 West, P.M.M.,- Flathead County, Montana, petitioned the City of Kalispell that the zoning classification attached to Lots 8HB, 8HC, 8-3, in the Southeast Quarter of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, R-4, Two -Family Residential, be changed to P-1, Public, and WHEREAS, Lots 8HB, 8HC, 8-3, in the Southeast Quarter of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, exists as a tract of land surrounded to the south by Public zoning classification and to the north by High Density Residential zoning classification, and WHEREAS, the petition of the City of Kalispell was the subject of a report compiled by the Flathead Regional Development Office, #FZC-92-1, dated April 7, 1992, in which the Flathead Regional Development Office evaluated the petition and recommended that Lots 8HB, 8HC, 8-3, in the Southeast Quarter of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, be rezoned P-1, Public, 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 April, 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 Lots 8HB, 8HC, 8-3, in the. Southeast Quarter of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, be zoned P-1, Public, 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 1 1 1 1 J 76-2-303, M.C.A., on the 18th day of May, 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 8HB, 8HC, 8-3, in the Southeast Quarter of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, P-1, Public, 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? Yes, the property lies within the transitional area between the existing Public designation to the south and the existing High Density Residential designation to the north. Is the requested zone designed to lessen congestionin the streets? The requested zone change should not increase traffic through the existing neighborhood since the subject property would be accessed through the existing City Shop site that adjoins the property to the south. Will the requested zone secure safety from fire, panic, and other dangers? The access to and from the site would be adequate to accommodate an emergency vehicle in the event of an emergency situation. The residences that adjoin the subject property to the east and north would not be impacted or restricted, in the event of an emergency, by development of the site. Will the requested zone change promote the health and general welfare? This proposed zone change will be promoting the health and general welfare since it is in substantial conformance with the Master Plan. The review mechanisms that are in place will ensure that any development is in compliance with all applicable safety codes. Will the requested zone provide for adequate light and air? The open space ration and parking requirements in a P-1 zoning classification should ensure adequate provisions for light and air. Will the requested zone prevent the overcrowding of land? The setback requirements in a P-1 zoning classification are greater than those required in the existing R-4 zoning classification, therefore, protecting the land from overcrowding. Will the reguested zone avoid undue concentration ofpeople? As stated earlier, the subject property is accessed from the existing City Shop Site; traffic would not be routed through the residential neighborhood. The existing neighborhood should not be exposed to an increase in the existing concentration of people. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? The additional demands of wate evaluated prior to development zone change is to a Public land demands from offices, schools designation would have. and sewage collection will be of the property. The requested use and would not have the same and parks that a residential Does the requested zone give consideration to the particular suitability of the property for particular uses? This property adjoins existing P-1 classifications to the south and west. The property to the west is occupied by the Flathead High School Athletic Field and the property to the south is occupied by the City Shop site. Governmental office buildings and parks are some of the allowed uses in a P-1 zoning classification. Either one of these would be appropriate to the site. Does the requested zone give reasonableconsideration to the character of the district? The requested zone change gives reasonable consideration to this transitional area between an existing Public land use, to the south, and an existing High Density Residential land use, to the north. The requested P-1 classification is appropriate to the property and surrounding area. Will thproposed zone conserve the value of buildings Increased noise and light from the subject property could decrease adjoining property values, however, due to the close proximity of the Flathead High School Athletic Field, property values may have previously been adversely affected. Will the requested zone encourage the most appropriate use of the land throughout the Jurisdiction? 3 1 r 1 The requested zone change is appropriate to the Kalispell City - County Master Plan. The Master Plan is a reflection of how the City and the surrounding area should develop over the next 20 years. The P-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 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance #1175) is hereby amended by designating Lots 8HB, 8HC, 8-3, in the Southeast Quarter of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, as P-1, Public. 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 1st DAY OF June , 1992. ATTEST: Amy H. Robertson Finance Director L 4 �.is D. Rauthe,