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
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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?
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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
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�.is D. Rauthe,