Resolution 3758 - Adopting Master Plan AmendmentRESOLUTION NO. 3758
A RESOLUTTON ADOPTING A RECOMMENDED AMENDMENT TO THE KALISPELL CITY -
COUNTY MASTER PLAN.
WHEREAS, on the. 16th day of September, 1985, the City Council of
the City of Kalispell adopted the Kalispell City -County Master Plan,
and
WHEREAS, said Kalispell City -County Master Plan classifies certain
properties, to -wit: Lot 2A of the Amended Plat of Lots 2 and 3
Hall's Addition No. 82 to Kalispell, and Lot 4 of the Amended Plat of
Lot 4 of Hall's Addition No. 82 to Kalispell as High Density Urban
Residential, and
WHEREAS, the owners of said property, M & C Properties, a Partnership,
owned by Cary Weyraueb and Michael Holder on the 10th day of June,
1987, made an application to the Flathead Regional Development Office
to re-classify said property to "General Commercial" in order to
allow more intensive commercial facilities to be located on said
property, and
WHEREAS, the Flathead Regional Development Office in -response to
said application prepared a Plan Amendment Report #KPA-87-1, which
evaluated said application and submitted the report to the Kalispell
City -County Planning Board and Zoning Commission at its regularly
scheduled meeting held July 14, 1987, and
WHEREAS, a Public Hearing was duly noticed and held on the 14th
day of July, 1987, by the Kalispell City -County Planning Board and
Zoning Commission in accordance with Section 76-1-603, M.C.A., and
WHEREAS, said Board caref--dly reviewed the application, the staff
report, and planning testimony pertaining to said application and
made the following findings:
That the proposed change in the Master Plan would reflect
the existing development pattern an the subject property;
That all necessary utilities are available to provide services
to the property;
That the proposed change in the Master Plan would not change
the character of the neighborhood and would remain compatible
with the surrounding existing uses;
That the Plan Amendment would not necessarily encourage the
creation of a new commercial hub, but would, instead, serve
to recognize an existing commercial development.pattern; and
That the change in the land use designation from High Density
Residential to General Commercial will be in the general
public interest and be in substantial conformance with the
goal and intent of the Kalispell City-County.Master Plan.
WHEREAS, the Kalispell City -County Planning Board and Zoning Commis-
sion recommended to the City Council of the City of Kalispell and to
the Board of County Commissioners of Flathead County that the Kalispell
City -County Master Plan as found in Chapter 1 of the Plan be amended
to change the land use designation for the subject property from
"High Density Urban Residential" to "General Commercial", and
WHEREAS, the City Council of the City of Kalispell did pass Resolution
No. 3742 on the 3rd day of August, 1987, declaring an intention to
adopt, revise or reject the recommended amendment to the Kalispell
City -County Master Plan, in accordance with Section 76-1-604, M.C.A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, as follows:
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Residential Apartment, (RA-2), to General Business, (B-3), is hereby
granted and an ordinance amending the Kalispell Zoning Ordinance
shall be adopted.
PASSED BY THE CTTY COUNCIL OF THE CITY OF KALTSPELL THIS 19Lh DAY
OF AUGUST, 1987.
Ldy J/
J n 'E '�Ke nedy J Mayor
ATTEST:
Gity Uierk-Trea-sbFe--y
I, the undersigned, City Clark of the Cit-y of Kaliapell, certify that the
foregoing is a true�copy of the Resolution passed by the City Council of the
City of Zalispell, Montana at a regular iaecting held
A,
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City Clark of the City of Kalispell
Before the City Council
of the City of Kalispell
FTNDTNG OF FACT
and CONCLUSION
In Re the Application of
M. & C Properties, a Partnership,
and Cary Weyrauch and Michael Holder
for a Zone Change on Lot 2A of
the Amended Plat of Lot 2 & 3, Hall's
Addition No. 82 to Kalispell and Lot 4
of the Amended Plat of Lot 4 of Hall's
Addition No. 82 to Kalispell, from
Residential Apartment, RA-2 and
Neighborhood Business, B-1, to
General Business, B-3.
The above entitled matter came on for hearing after due and proper
notice, before the City Council of the City of Kalispell, pursuant to
Section 6.13, Kalispell Zoning Ordinance, upon application of M & C
Properties, a Partnership, 'and Cary Weyrauch and Michael Holder,
hereinafter collectively called Applicant, for a -change in zoning
classification on certain real property to -wit: Lot 2A of the Amended
Plat of Lot 2 and 3, Hall's Addition No. 82, to Kalispell and Lot 4
of the Amended Plat of Lot 4 of Hall's Addition No. 82 to Kalispell,
from Residential Apartment, (RA-2), and Neighborhood Business, (B-1),
to General Business, (B-3). The City Council, having received and
considered the report of the Kalispell City -County Planning Board and
Zoning Commission, the staff report of the Flathead Regional Development
Office, and the public testimony in support and in opposition to the
change-, and all other pertinent material and information, make the
following:
FINDINGS OF FACT
1) That the Applicant is the owner of the above described property
under a Warranty Deed recorded October 22, 1986, said property located
within the City of Kalispell, Flathead County, Montana.
2) That the Applicant has made a request with the City Council of
the City of Kalispell to change the classification of said parcels of
land from their current classification of Residential Apartment, (RA-2),
and Neighborhood Business, (B-1), to General Business, (B-3).
3) That Section 6.13(a)(3) of the Kalispell Zoning Ordinance requires
that a petition for zone change be signed by the owners of 50% or
more of the area involved for a zone change to be considered.
4) That adjoining the within described property on the North is a
General Business, (B-3), zone. The property on the west side of
Meridian in this area is zoned Neighborhood Business, (B-2), also
across the street is an island of unincorporated land that is not
zoned but is mostly occupied by residential dwellings. The adjoining
property to the south is vacant and zoned Residential Apartment,
(RA-2). Other zoning districts along Meridian Road include Light
Industrial, (1-1), and Residential, (R-5).
5) That General Business, (B-3), is defined as an area to provide
areas for those retail sales and service functions and businesses
whose operations are typically characterized by outdoor display, storage
and/or sale of merchandise, by major repair motor vehicles, and by
.outdoor commercial amusement and recreational activities. This district
would also serve the general needs of the tourist and traveler.
6) That the subject property is currently designated as General
Commercial under the Kalispell City -County Master Plan, as adopted by
Resolution on this 19th day of August, 1987.
7) That the subject property is currently the location of M & C
Tire, Ron's Alignment, Kalispell Muffler Service with a vacant lot
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immediately south of the. M & C Tire Properties.
8) Cary Weyraucb and Michael Holder both appeared and gave support
for the application to change the zoning classifications on the property.
Carla A. Kelly, d/b/a. Kalispell Floral , the owner of property directly
to the North, submitted written support for the zone change.
9) There was no :public comment in opposition to the Applicants.
10)
11) That the proposed General Business, (B-3), zone is being requested
in conjunction with a -request for a Master Plan change in land use
designation from High Density Urban Residential to General Commercial.
The requested zone would be in compliance with the commercial desig-
nation. Several policies of the plan might suggest, however, that
the area is currently zoned for commercial uses being infilled prior
to the creation of additional receiving areas for commercial -uses.
12) That traffic congestion is a function of numerous variables
relating to traffic flow, vehicle mix, location and number of approaches,
intersection design, and others. It is difficult to speculate at
this time as to whether commercial uses will generate more traffic
congestion than residential or neighborhood business without knowing
the type of businesses that might be located on the property. It is
conceivable that commercial uses may not create any more congestion
than residential uses due to considerations of "hours of operation",
etc. The existing commercial uses on Lot 2A do not seem to be,
creating any undue traffic problems in the area.
13) That the proposed zone would not allow any particular uses that
would unduly increase threats to public safety. The necessary public
services and infrastructure are in place to ensure adequate public
protection.
14) That the proposed change would not have been granted in the
absence of an amendment to the Kalispell City -County Master Plan.
The Master Plan Amendment and Zone Change Request have been subject
to public review and comment. The Master Plan should be a reflection
of the general public interest and, if amended, the recognition that
the subject area is suitable for commercial uses. Standards set
forth in the City Zoning Ordinance and other City regulations will
help to ensure the general health and welfare of the public.
15) That the Zoning Ordinance establishes more restrictive bulk and
dimensional requirements of Neighborhood Business, (B-1), and Resi-
dential Apartment, (RA-2), zones as compared to the requested B-3
zone. Although it is possible to allow total coverage of lots in B-3
zonest sufficient light and air should be available due to parking
requirements and other side design considerations.
16) The requested General Business, (B-3), zone could allow for a
denser and more intensive development than permitted by the existing
zone. Due to the concerns for drainage . in the area, a General
Business, (B-3), zone may be construed as allowing excessive plan
coverage.
17) That neither the existing zone nor the proposed zoning will
create a situation of "too many people". General business uses will
attract people during regular daytime hours whereas residential uses
will establish a semi -permanent population of people. The public
service infrastructure such as roads, water, sewer, etc. is in place
to accommodate people that might be associated with the businesses of
a General Business, (B-3), zone.
18) That services are already generally available to'the property.
Commercial zoning should not create greater demands for school or
park facilities, however, it may -create a greater demand for additional
drainage and roadway improvements on Meridian Road in the area.
19) That the two lots have no inherent limitations for development
of commercial uses. The lots adjoin a major arterial and all public
services are readily available to the property.
20) That the general character of the area can best be described as
a mixed use since no single land use is predominate and commercial
uses currently occupy most of the subject property. Under the circum-
stances a General Business, (B-3), zone is probably more appropriate
than a Neighborhood Business, (B-1), or a Residential Apartment,
(RA-2), zone.
21) That the granting of a General Business, (B-3), zone for Lot 2A
should increase the value of the M & C building since these buildings
are operating as a non -conforming use. The zone change would bring
these uses into conformance with the zoning regulations. The development
of additional commercial uses on Lot 4 may be detrimental to the
market value of the adjoining residential dwellings and may foreclose
some opportunities to develop the adjoining Lot 5 with apartments or
other uses permitted in a Residential Apartment, (RA-2), zone. Property
on the west side of Meridian Road or to the north should not be
affected either way.
22) That at the present time Kalispell is probably over zoned for
retail commercial uses. There is a need to infill some of these
existing commercial areas before expanding into lands that are zoned -
for other uses. However, in this situation, the granting of a zone
change will mostly serve to recognize the existing commercial uses of
the property. Possibilities for significant expansion of commercial
uses within this zone change are strictly limited.
CONCLUSIONS
1) That the Applicant has standing to and has properly made an
application to change the zone classification of the subject property
from Neighborhood Business, (B-1), and Residential Apartment, (RA-2),
to General Business, (B-3).
2) That the City Council has properly held, after due and proper
notice, a Public Hearing on the application and has followed all the
procedural requirements of Section 6.13 Kalispell Zoning Ordinance.
3) That the City Council of the City of Kalispell has the authority
under Montana law and the City of Kalispell Zoning Ordinance to
consider the application and approve, disapprove, amend, supplement,
or modify the application.
4) The requested zone, General Business, (B-3), is in conformance
with the Kalispell City -County Master Plan, as amended.
5) That by the substantial evidence available to the City Council
all statutory criteria necessary to grant a change in zoning classifi-
cations have affirmatively been addressed by the Applicant and other
proponents of the change.
6) That there is relative gain -to the public, compared to the.
hardship imposed upon other property owners surrounding the Applicant.
7) That the proposed zone, General Business, B-3, is compatible with
other zones in the other area and will not diminish property values.
Therefore, the Applicants' request to change the zoning c lassification
on Tracts 2A of the Amended Plat of Lots 2 and 3, Hall's Addition No.
82 to Kalispell, and Lot 4 of the Amended Plat of Lot 4 of Hall's
Addition No. 82 to Kalispell from Neighborhood Busines-s, (B-1), and
Residential Apartment, (RA-2), to General Business, (B-3), is hereby
granted and an ardinance amending the Kalispell Zoning Ordinance
shall be adopted.
PASSED BY THE CTTY COUNCIL OF THE CTTY OF KALTSPELL THIS 19th DAY
OF AUGUST, 1987.
n "Ed" Kennedy Jr. , Mayor
ATTEST: Z"
City Clerk-Tredsurer
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1, the undersigned, City Clerk of the City of Kalispell* certify that the
foregoing is a true copy of the Resolution passed by the C ty Council of the
City of Kalispell, Montana at a rej;ular meeting held
-t Y TC]. e r�ICO f t �he C i t yy o f K a 11 i sp, e JTJ
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