Ordinance 1033 - Zoning - BN352.
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ORDINANCE NO. 1033
AN ORDINANCE TO AMEND THE CITY OF KALISPELL ZONING ORDINANCE AND
ZONING MAP, ORDINANCE NO. 885, AS AMENDED.,.TO CHANGE ZONING OF A
PORTION OF A CERTAIN "LIGHT INDUSTRIAL LM" AREA TO "CENTRAL BUSI
NESS C3" AND TO CHANGE A PORTION OF A CERTAIN "INDUSTRIAL -COMMERCIAL
CLM" AREA TO "CENTRAL BUSINESS C3" AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, 6n August 25, 1980, the City of Kalispell enacted Or-
dinance No. 961 which amended the City of Kalispell Zoning Ordinance
and, further, which provided for and established the Kalispell Rede-
velopment Area and established zone districts therein; and
WHEREAS, the property of the Burlington Northern, Inc. is in-
cluded within the Kalispell Redevelopment Area, and has been zoned
"Light Industrial LM" and "Industrial Commercial CLM", in accordance
with Ordinance No. 961; and
WHEREAS, on December 13, 1982 and January 26, 1983, the Glacier
Park Company, a subsidiary of Burlington Northern, Inc., and agent
for Burlington Northern, Inc., made application to amend the City
of Kalispell Zoning Ordinance and 'Zoning.Map, to change the.classi-
fication of one parcel of property owned by Burlington Northern,
Inc., within the Kalispell Redevelopment Area, from "Light Industrial
LM" to "Central Business C3" and another parcel of property in the
Kalispell Redevelopment area from "Industrial Commercial CLM" to
"Central Business C3";^and
WHEREAS, pursuant to said application and in accordance with
Section 6.13 of the City of Kalispell Zoning Ordinance, the appli-
cation was referred to the City of Kalispell Zoning Commission for
their consideration of all facts relative to the proposal; and
WHEREAS, the Flathead Regional Development Office reviewed the
application of the Burlington Northern, Inc. and reported to the
Kalispell Zoning Commission, Zoning Change Report, #KZ-82-009; and
WHEREAS, the Zoning Commission did at its regular meeting on
March 8, 1983, consider said proposed amendment, and the report of
the Flathead Regional Development Office, and other pertinent facts;
and resolved, and recommended, by letter dated March 10, 1983; as
follows:
"That the requested zoning change from LM and CLM
to C3 be approved subject to the appropriate amend-
ments to the Comprehensive Development Plan for the
Kalispell Planning Area.and the Kalispell Downtown
Redevelopment Plan.",
and, further, transmitted said recommendations along with the Report
of Flathead Regional Development Office to the City Council'of the
City of Kalispell for their consideration and further action; and
353'.
WHEREAS, the City Clerk --Treasurer, pursuant to Council order of
May 20, 1983, and Section 6.13, City of Kalispell Zoning Ordinance,
did cause to be published a Notice of public hearing on the proposed
zoning amendment, and also caused to be mailed notice of the pro --
posed zoning amendment to all. persons owning property, either -of
the area of the lots included in such proposed change, or immed-
iately adjacent in the rear thereof extending 150 feet therefrom
and those adjacent on either'side thereof within the same block,
and those directly opposite thereof extending 150 feet from the
street frontage of such opposite lots; and
WHEREAS, pursuant to said Notice, the City Council did hold a
public hearing on the proposed Zoning Amendment on June 20, 1983,
at which time the Council did give consideration to the recommendation
of the Zoning Commission; the report of the Flathead Regional Devel-
opment Office; public comment, both written and oral; and the com-
ments and suggestions of the various City officers and employees;
and
WHEREAS, at and following said hearin4Vtiwe Council did find as
follows:
A) That the requested 2o.ning is in accordance with
the Comprehensive Plan applicable to the City of
Kalispell and the.Kalispell Downtown Redevelopment
Plan.
B) That uses permitted on the property effected will
tend to reduce heavy truck traffic congestion in the
streets.
C) The requested zone and proposed subsequent de-
velopment suggested would remove potentially haz-
ardous conditions from the .area.
D) The requested zone and proposed subsequent de-
velopment would result in an increase of tax base
in area thus promoting of general welfare.
E) That the requested zone and subsequent proposed
development, with accompanying architectural review
of Kalispell Downtown Redevelopment Plan, would re-
sult in no further degredation of light and air with-
in the effected area. With elimination of railroad
switching yards in the effected area, improvement of
air and light quality for the entire downtown area
of the City would probably result.
F) That the -requested zone and subsequent proposed
development would cause to be removed from the ef-
fected area buildings in a substantial state of di-
lapidation, and .eliminate blight which would result
in a more efficient use of property within the City
of Kalispell and particularly the Downtown Redevel-
opment Area.
G) The requested use zone and subsequent proposed
development should not result in an undue concen-
tration of persons.
H) The City currently provides water and sewer to
the effected property and the proposed use will have
no adverse use on schools, parks and other public
requirements. Any resulting traffic problems will
be resolved with development.
I). The uses on surrounding property are primarily
.commercial in nature and proposed use under the
Zoning Amendment will be compatible.
i IMF
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of 'lne errectea property is particatar iy SUItable to
commercial use due to proximity to the Central Business
District and core area of the City. 354,
K) The use requested would have the effect of removing
undesirable and antiquated buildings in the effected
area and will enhance the value of adjacent properties.
L) The.requested use permitted by the zone change will
allow a commercial "Anchor Area" to develop, resulting in
upgrading uses of the surrounding property and serving
as a focal point for municipal improvement.
NOW THEREFORE,.BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KALISPELL AS FOLLOWS:
SECTION I. That the City of Kalispell Zoning Ordinance and
Zoning Map, Ordinance No. 885, as amended, is hereby amended as
follows:
A) The parcels of property within the Burlington Northern
Railroad Right-of-way between Fifth Avenue Vilest and Third
Avenue East and North of Center Street is hereby rezoned
from "Light Industrial LM" and/or "Industrial Commercial
CLM" to "Central Business C311; said area is more particu-
laxly described as follows:
Beginning at the intersection of Center Street
and Fifth Avenue West North, thence
Northerly along Fifth Avenue West North to the
Southwestern boundary of Block 30 of
Kalispell Original Townsite, thence
Easterly along the southerly boundaries
of Block 30, Block .29, Block 28, Block 27,
Block 26, Block 25, Block 24, and Block 23,
of the Kalispell'Original Townsite to Third
Avenue East North, thence
Southerly along Third Avenue East North to its
intersection with Center Street, thence
Westerly along Center Street to its inter-
section with Fifth Avenue West North, and
the point of beginning.
B) The Official Zoning Map is amended accordingly.
SECTION II. All other parts and provisions of Ordinance No.
885 as amended, and Ordinance No. 961 not herein amended or repealed
remains the same.
SECTION III. This Ordinance shall be effective thirty (30)
days from and after the date of its final passage by the City Council
and approval by the Mayor.
FINALLY PASSED BY THE CITY COUNCIL OF -THE CITY OF KALISPELL AND
APPROVED BY THE MAYOR THIS sth DAY OF July 1983.
. 0_41?e�
eR Mc !z� or
ATTEST:
Marjor Giermann
ActinV City Clerk -Treasurer
I, Marjorie Giermann, City Clerk of the City of Kalispell, Montana, do certify that on the
day of , 19, I posted a copy of the foregoes ordinance in
my o face and the s is a true copy of the ordinance that remained poBte4 until final
passage of the second reading by the City Council on the day of
rie Giermann, City