Ordinance 1124 - Text Amendment - Truck Rentals in B-34.50
ORDINANCE NO. 1124
AN ORDINANCE AMENDING SECTION 3.04(K) OF THE KALISPELL ZONING ORDINANCE,
(ORDINANCE NO. 1110) , BY EXPANDIiNG THE LIST OF PERMITTED AND CONDITIONAL
USES IiN A COMMUNITY BUSINESS, B-3 ZONING CLASSIFICATION TO INCLUDE
"TRUCK RENTALS, S I14GLL: AXLE, LESS THAN 24 ,100# GVW" , AS A PERMITTED
USE, AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Van Kirk Nelson, the owner of Lots 7, 8, 9, 10, 11, 12,
Block 25, Kalispell Original, has submitted a written request to
amend Section 3.04(K), of the Kalispell Zoning Ordinance, by requesting
that the list of permitted and conditional uses in a Community Business,
B-3 zoning classification be expanded to include "rental service and
storage yards", and
WHEREAS, the request was forwarded to the Kalispell City -County
Planning Board and Zoning Commission by the Flathead Regional Development
Office after having been evaluated under §6.13, Kalispell Zoning
Ordinance, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended against the proposal and expressed concerns
that the use requested was not proper for the area, and
WHEREAS, FRDO evaluated the requested text amendment for capability
with a particular zoning classification and, properly, did not evaluate
the proposal on site specific grounds, and
WHEREAS, "rental service and storage yards" according to FRDO's
analysis are to a degree compatible with the definition of a Community
Business, B-3 zoning classification, and
WHEREAS, the table of conditions and permitted uses in a Community
Business, B-3 zoning; classification contains similar uses, notably
automobile rental agency, automobile repair garages and service
stations, and
WHEREAS, the anticipated impacts of
other conditional or permitted
uses, i.e. alcoholic beverage distribution, automobile sales, boat
sales, and plumbing shop and yard, in a Community Business, B-3
zoning classification may in terms of intensity be equally as great
as the impact of a "rental service and storage yard," and
WHEREAS, despite similar uses and impacts the open storage of
general rental supplies without limitation does not appear to be an
appropriate use within the Community Business, B-3 zoning classifi-
cation, and
WHEREAS, the specific purpose of the requested text change is to
allow Lots 7, 8, 9, 10, 11, and 12, Block 25, Kalispell Original to
be used as a small truck rental business, and
WHEREAS, FRDO has recommended that because of unknown adverse
impacts and limited proposed use that scope of the proposed text
amendment may be properly limited to accommodate the request while at
the same time preserving the integrity of the Community Business, B-3
zoning classification, and
WHEREAS, the FRDO report recommended that the text amendment be
limited by including as a permitted use, in Community Business, B-3
zoning classification, "truck rentals, single axle, less than 20,100#
GVW",
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
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Will the requested change promote the health and general welfare?
The designation of a residential apartment/office is consistent with the Master
Plan and should, therefore, be a measure of general public interest. The zone
change is proposed in an area that is provided with a full range of public ser-
vices, together with the complementary uses of the proposed zoning classification,
should help ensure the promotion of health and general welfare.
Will the requested zone rovide for adequate light and air?
The parking requirements and maximum floor area ratio of an RA-3 zone should help
ensure the provision of adequate light and air.
Will the requested zone prevent the overcrowding of land?
The requested zone will permit more land coverage than the existing zone but over-
crowding of land remains unlikely since sufficient facilities are available to
serve the property. Land uses only become "crowded" when developed facilities
exceed the service and environmental limitations of the property, which should
not happen in this particular situation.
Will the requested zone avoid undue concentration of people?
The proposed zone allows both residential and "professional" land uses. Concen-
tration of people will either be related to the number of dwelling units or by the
service capacity of a particular business. In either case, capacity is a function
of available public services, inherent limitations of the property, and land use
restrictions, such as bulk and dimensional requirements and building codes. Any
combination of these factors will provide an acceptable scale of development and,
thereby, avoid an undue concentration of people.
Will the requested zone facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements?
The public service requirements of the requested zoning classification should be
substantially similar to those of the existing zoning classification as appurtenant
to the subject property. The RA-3 zone should not create a demand for additional
services.
Does the requested zone give consideration to the particular suitability of the
property for particular uses?
Most of the subject property is already committed to medical facilities. Only a
small portion of the property remains available for additional development. Due
to the existing medical character of the property, it seems logical to conclude
that any future development will be compatible with the existing medical uses.
Does the requested zone give_reasonable consideration to the character of the
district?
The general character of the area is "medical facilities". This seems to contrast
with the general residential character of a RA-1 zoning classification (Residential
Apartment). The proposed zoning classification seems to be more compatible with
the predominant character of the area since it is more office oriented.
Will the proposed zone conserve the value of buildines?
The proposed zone will continue to promote professional offices as the predominate
land uses in the area. This will help maintain compatibility of uses and, thereby,
continue to enhance the value of property in the area.
Will the re vested zone encourage the most appropriate use of the land throughout
the municipality?
The Kalispell City -County Master Plan indicates that this area is suitable for
medical/professional offices. Development of services and land uses have been
consistent with that designation. The proposed zoning classification will help
ensure continued development of compatible uses in the area.
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NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS
FOLLOWS:
SECTION I. Section 5.01, Official Zoning Map of the City of Kalispell
Zoning Ordinance (Ordinance No. 1110) is hereby amended by changing the
zoning designation of Lot 2, Kalispell Medical Arts Subdivision, Addition
No. 35, from Residential Apartment, RA-1, to Residential Apartment, RA-3.
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 for
c
and effect.
SECTION III. This Ordinance shall be effective thirty (30) days from and
after the date of its final passage by the Council and approval by the
Mayor.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED BY THE MAYOR
THIS DAY OF 1988.
ATTEST:
City Clerk --Treasurer
JqAn "Ed" Kennedy Jr..'Mayor
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