Ordinance 1122 - Zoning - Kalispell Medical Arts448
ORDINANCE NO. 1122
AN ORDINANCE TO AMEND SECTION 5.01, OFFICIAL ZONING MAP, OF THE CITY OF KALISPELL
ZONING ORDINANCE, (ORDINANCE NO. 1110), TO CHANGE LOT 2 OF THE RESUBDIVISION OF
KALISPELL MEDICAL ARTS SUBDIVISION FROM RESIDENTIAL APARTMENT, RA-1, TO RESIDENTIAL
APARTMENT, RA-3, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Steve Weber, on January 18, 1988, on behalf of Kalispell Medical
Arts, a co -partnership, made an application with the Kalispell City -County
Planning Board and Zoning Commission requesting that certain real property,
described as Lot 2, Medical Arts Subdivision, Addition No. 35, Kalispell, Flat-
head County, Montana, be reclassified under the Kalispell Zoning Ordinance
(Ordinance #1110) from Residential Apartment, RA-1 to Residential Apartment,
RA-3, and
WHEREAS, Kalispell Medical Arts, a co -partnership, is the owner of more than
50% of said real property, and
WHEREAS, the Flathead Regional Development Office (FRDO) issued a report
(#KZC-88-1) considering the zoning amendment to the Kalispell City -County Planning
Board and Zoning Commission on February 2, 1988, and
WHEREAS, at its meeting held on February 1988, the Kalispell City -County
Planning Board and Zoning Commission considered all facts relevant to the pro-
posed zoning amendment as compiled by FRDO in its report, and
WHEREAS, the Kalispell City -County Planning Board and Zoning Commission
issued a recommendation in accordance with the request of Kalispell Medical Arts,
a co -partnership, and
WHEREAS, pursuant to §6.13 of the Kalispell Zoning Ordinance, the City Council
of the City of Kalispell held two duly noticed public hearings on the proposed
zoning amendment on March 7, 1988 and on April 18, 1988 to consider the request,
and
WHEREAS, after considering all statements made at the two public hearings,
the recommendation of the Kalispell City -County Planning Board and Zoning Commis-
sion and the report of FRDO, the City Council makes the following based upon the
criterion set forth in State, etc, vs. Board of County Commissioners, etc,
590P2d6O2 and 76-3-608, MCA:
Does the requested zone comply with the master tan?
The land use map of the Kalispell City -County Master Plan establishes a land use
designation of "medical -professional" for the general area of the subject property.
The requested RA-3 zoning classification would be in substantial conformance with
the Master Plan designation since the permitted uses of an RA-3 classification
include medical and professional offices.
Is the requested zone designed to lessen congestion in the streets?
The types of permitted and conditionally permitted uses of the existing and pro-
posed zoning classification are substantially similar. The difference of traffic
generation potential between the two classifications should be negligible. At the
public hearings on this zoning amendment, it was pointed out that there exists a
traffic control problem at Highway 93 North and Conway and Sunnyview Drives.
However, the addition of a RA-3 zone will not significantly increase traffic.
Will the requested zone secure safety from fire, Ranic, and other dangers?
The zone change will not constitute an added impact to the area since the develop-
ment potential between the existing zone and proposed zone are similar. The ex-
isting public services in the area should be capable of accommodating any develop-
ment that might be associated with the new zoning classification. City services
available to the property include police and fire protection as well as public
water supplies and sewage disposal.
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SECTION I. The City of Kalispell Zoning Ordinance, Ordinance
No. 1110, is hereby amended as follows:
Section 3.04(K), Zone Classification, Community Business,
B-3, is hereby amended by including therein as a permitted
use "truck rentals, single axle, less than.20,100# GVW".
SECTION II. The balance of the City of Kalispell Zoning
Ordinance, (Ordinance No. 1110) not amended hereby shall
remain as written.
SECTION III. This Ordinance shall be effective thirty (30)
days from and after its final passage by the City Council
and approval by the Mayor.
FINALLY PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS
6th DAY OF JUNE , 1988.
,..„_
hn "Ed" Kennedy Jr., Mayor
ATTEST:
City Clerk -Treasurer
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I, Don Halver, City Clerk of the City of Kalispell, Montana, do certify that
on the day of , 19 , the attached ordinance passed the first
reading; and the second reading will be heard at the regular council. meeting to
be held on the day of , 19
City Clerk of the City of Kalispell, Montana
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