Ordinance 1082 - Zoning - LindnerORDINANCE NO. 1082
AN ORDINANCE TO AMEND SECTION 5.01, OFFICIAL ZONING MAP OF THE CITY
OF KALISPELL ZONING ORDINANCE (ORDINANCE NO. 885), TO CHANGE TRACT
30UC AND A PORTION OF TRACT 30BB, N2SW4f SECTION 8, TOWNSHIP 28N,
RANGE 21W, P.M.M., FLATHEAD COUNTY, MONTANA, FROM LIGHT INDUSTRIAL,
(I-1), TO RESIDENTIAL APARTMENT, (RA-1), AND TO DECLARE AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS
FOLLOWS:
SECTION I. Section 5.01, Officiaf Zoning Map of the Uity of
Kalispell Zoning Ordinance-(O�dinance No. 885), is hereby
amended by changing the zoning Designation of Tract 30UC and
a portion of Tract 30BB in the NIS4, Section 8, Township
28N, Range 21W, P.M.M., Flathead County, Montana, from Light
Industrial, (I-1), to Residential Apartment, (RA-1).
SECTION II. The balance of Section 5.01 Official Zoning Map
of the 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 approved
by the Mayor.
FINALLY PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS
2nd DAY OF September , 1986.
ATTEST:
Ci y Clerk- reaturer
1
�f
qo&E "Ed' Kennedy 3r., Mayor
Before the City Council
of the City of Kalispell
In Re the application of FINDING OF FACT
Reinhold Lindner for a and CONCLUSION
Zone Change on Tracts 30UC,
30BB (Portion), N1SW4, Section
8,'Township 28N, R21W, P.M.M.,
City of Kalispell, from Light
Industrial (I-1) to Residential
Apartment (RA-1)'
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 Reinhold
Lindner, hereinafter Applicant, for a change in zoning classification
on certain real property to -wit: A portion of a tract of land in the
N� of the SW4 in Section 8, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana, from Light Industrial, (I-1) to Residential
Apartment, (RA-1). The council, having received and considered the
report of the Kalispell City Zoning Commission, the staff report of
the Flathead Regional Development Office, 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 in joint tenancy, .with Hannelore
Lindner, under Warranty Deed recorded December 2, 1985, of certain
real property described above and 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 parcel of
land from their current classification of Light Industrial, (I-1), to
Residential Apartment, (RA-1).
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 the area surrounding the -property is zoned Light Industrial
(I-1) on the westerly boundary. The property located to the north
and east is zoned General Business (B-3) and the property to the
south across the railroad tracks is zoned Public (P-1) and is occupied
by Woodland Park. There is no residential zone abutting or connected
to the subject tract.
5) That Residential Apartment (RA-1) is defined as an area to
"provide areas for low intensity multi -family use, and for non-
residential uses which support or are compatible with primary residential
character. This district is intended as a buffer between residential
district and other denser non -compatible districts. This district
must be in close proximity to thoroughfares and be served by public
facilities. This district is intended to apply throughout the planning
area."
6) That the subject property is currently designated as high density
urban residential under the Kalispell City -County Master Plan, as
adopted by Resolution on the 7th day of July, 1986.
7) That the subject property is currently unused and is not the
subject of any variance or conditional use permit.
8) for public comment in support of Applicant.
9.) for public comment and opposition to Applicant.
10) for further comments.
lI} That the proposed change in zoning classification would be in
1
1
substantial conformance with tEhe Kalispell City -County Master Plan,.as
amended.
12) That congestion in the streets may not increase if the, zone
change is granted since the traffic signal at the intersection of
Seventh and Idaho should help facilitate movement of traffic. Less
congestion may also be apparent with an RA-1 zone since the mix of
traffic is likely to include less truck traffic.
13) That proper observance of building regulations and issuance of a
conditional use permit, required prior to any building occurring,
will secure the area from fire, panic, or other dangers.
14) That all public services are available 'or can be extended into
the zone including fire and police, protection and water and sewer
services. Development will proceed under standards set forth in the
City Zoning Ordinance and other applicable city regulations. Together,
these standards should help protect the health and general welfare of
the public and of the persons occupying the property.
15) Adequate light and air will be provided for by proper observance
of the City of Kalispell Zoning Ordinance.
16) A potential for the overcrowding of land is less likely for an
RA-1 Zone than it conceivably would be for an I-1 Zone since less
ground coverage is permitted in an RA-1 Zone through the imposition
of open space requirements.
17) Development of the site as an RA-1 Zone should avoid the undue
concentration of people.
18) Considerable expense on behalf 'of the developer of the property
will be necessary to provide adequate water and sewer services to
residential uses that may not be necessary for certain types of
industrial 'development. Wate-f mains may --have to be extended more
than three blocks and tie-in to the sewer may require a lift station.
Parks facilities are nearby but some hazard to childrens' safety may
result if the children choose to take a short-cut to Woodland Park by
crossing the railroad tracks. An on -site play area should be provided
to discourage that option. Distance' to school is also considerable.
Based upon the new school'boundary proposals, the younger children of
this subdivision will attend Hedges .Grade School. Again there is no
direct and easy route for the children to travel to school from the
subject location unless Seventh ;Avenue is eventually extended to
Woodland Avenue. Right-of-way dedication should be a condition of
development in the zone. Pending such connection, the children may
choose a short-cut across the tracks to Woodland Avenue.
19) The subject property is suitable for development both as Light
Industrial and Residential but any residential development should be
adequately buffered and landscaped to minimize conflicts with potential
adjoining land uses.
20) That the general character of the area is commercial/industrial.
A residential zone will be an island among different uses. Some
potential conflicts such as vandalism may be minimized through careful
regulation of setbacks, landscaping, lighting, and scale of development.
21) That the proposed zone change will not have a negative influence
on the value of property adjoining the subject property.
22) Apartments appear to be a reasonable use of the subject area.
CONCLUSIONS
1) That the Applicant has standing to and has properly made an
application to change the zone in classifications of the subject
property from Light Industrial, (I-1), to Urban Residential (RA-1).
2) Thatwthe City Council has properly held, after due and proper
notice, di public hearing on the application and has followed all the
procedural requirements of §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, Urban Residential, (RA-1), 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-
cation 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, Urban Residential, (RA-1), is compatible
with other zones in the area and will not diminish property values.
Therefore, the Applicant's request to change the zoning classification
on Tracts 30UC, and a portion of Tract 30BB in the N2, S4, Section 8,
Township 28N, Range 21W, P.M.M., Flathead County, Montana, from Light
Industrial, (I-1), to Urban Residential, (RA-1), is hereby granted,
and an ordinance amending the Kalispell Zoning Ordinance shall be
adopted.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL THIS 2nd
DAY OF September , 1986.
r
hn "Ed" Kennedy Ir., Mayor
ATTEST: - - -
-r yI-L-— --�
City Clerk -Treasurer
I, Don Halver, City Clerk of the City
on the ---day of Y of Kalispell, Montana
foregoing ordinance , 19 , I , do certify
second readingin mY office posted a Y thin;
on the � y ■ and the same remainedcopy of the
foregoing is a true and y of 19 posted until the
Council. correct copy of the ordinance 9 r and the
passed by the City
City Clerk of the City of Kalispell, rlon