Ordinance 1137 - Zoning - Meridian Add.ORDINANCE NO. 27__
AN ORDINANCE TO AMEND SECTION 5.01, OFFICIAL ZONING MAP, OF THE CITY
OF KALISPELL ZONING ORDINANCE (ORDINANCE NO.. 1110), BY ZONING THE
MERIDIAN ADDITION, A PREVIOUSLY UNZONED AREA OF THE CITY, RESIDENTIAL,
R-4, IN ACCORDANCE WITH THE KALISPELL CITY -COUNTY MASTER PLAN, AND
TO PROVIDE AN EFFECTIVE DATE.
WHEREAS,
the Meridian Addition
is a plat
of record within the
City limits of
Kalispell, primarily
comprised
of two blocks of lots
adjoining the
westerly terminus of Second Street, and
WHEREAS,
Ordinance the
prior to the adoption
Meridian Addition was
of the 111977"
zoned R-2,
Kalispell Zoning
Residential District,
which limited
the uses to residential
dwellings,
including apartments,
and
WHEREAS, use variances granted by the Board of Adjustment prior
to 1977 resulted in a mix of uses in the Meridian Addition, that are
continuing and not subject to termination, and
WHEREAS, difficulty in assigning appropriate zoning classifications
for the Meridian Addition resulted in no zoning designation under
the 111977" Kalispell Zoning Ordinance and subsequent amendments, and
WHEREAS, since 1977 a variety of zoning classifications have
been proposed for the area including Residential, R-5; Residential
Apartment, RA-1; Residential Apartment, RA-2; Commercial, B-3; and
Light Industrial, I-1; and
WHEREAS, partially in recognition of the variety of uses in the
Meridian Addition the City of Kalispell amended the Kalispell Zoning
Ordinance to provide greater flexibility for existing non -conforming
uses which allows "changes" in non -conforming uses upon review by
the Kalispell Board of Adjustment; and
WHEREAS, the existence of a variety of uses and an outdated
zoning classification has led to a cloud upon the status of property
in the Meridian Addition and confusion as to the applicability of
the Kalispell Zoning Ordinance, and
WHEREAS, the City Council of the City of Kalispell in 1987
deemed it necessary to study the Meridian Addition zoning problem in
an effort to design a uniform pattern of development for the area,
and
WHEREAS, the study initiated at the request of the City Council
in 1987 resulted in a study undertaken by the Flathead Regional
Development Office, and
WHEREAS, the Flathead Regional Development Office issued a report
(#KZC-89-2) which evaluated Meridian Addition zoning problem,
recommending that the Meridian Addition be zoned as follows:
Residential, R-4 Neighborhood Business, B-1
Lots 4-16, Block 1 Lots 1-3, Block 1
Lots 4-15, Block 2 Lots 1-3, Block 2
and,.
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission held a Public Hearing after due and proper notice, on the
13th day of June, 1989, and considered all of the facts relevant to
the proposed zoning proposal, including the FRDO report and public
input, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a recommendation ,that .the entire Meridian Addition
be zoned R-4., and
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os
WHEREAS, the alteration in the recommendation of the PRDO report
was based upon the fact that the Kalispell Zoning Ordinance had been
amended to allow for the continuation and change of non -conforming
uses and the close proximity of neighborhood business to the area
which mitigated the need to allow commercial intrusion into a resi-
dential area, and
WHEREAS, pursuant to §6.13 of the Kalispell Zoning Ordinance,
the City Council of the City of Kalispell held a Public Hearing
after due and proper notice, pursuant to §76-2-303, M.C.A., on the
5th day of September, 1989 and considered the FRDO report, the
record of the Kalispell City -County Planning Board and Zoning
Commission, the recommendation made by the Kalispell City -County
Planning Board and 'Zoning Commission and public input both for and
against the recommended zoning, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the Meridian Addition, Residential, R-4, the City
Council makes the following based upon the criterion set forth in
§76-3-608, M.C.A., and State, etc. v Board of County Com'rs, etc.,
590 P2d 602:
Will the proposed zone comply with the Master Plan?
The primary test of determining compliance with the Master Plan is
whether the proposed zone or zones are consistent with the land use
designation assigned to that area by the official map of the Kalispell
City -County Master Plan. The mapped designation for the area of the
Meridian Addition is "urban residential". The proposed R-4 classifi-
cation, which would permit single family and duplex residential units,
would be in substantial conformance to that land use designation.
Is the proposed zone designed to lessen congestion in the streets?
The uses that would be permitted under the proposed zoning classifi-
cations are low traffic generators compared to uses permitted in
more intensive zoning districts such as general commercial or
industrial. The layout of the Meridian Addition exhibits more of a
residential configuration than an industrial or commercial configu-
ration. Entrance into the Meridian Addition is off of Meridian
Road, a two lane driving surface. The road into the Meridian Addition
also ends at a gate to the entrance of an industrial use on the
other side of the railroad tracks. Internal circulation of heavy
vehicles such as trucks could not easily be accommodated as compared
to automobile traffic. Other concerns with traffic congestion in
the area pertain to the grade school that is located across the
street. It would be prudent to avoid unnecessary truck and heavy
commercial use in this area for that reason.
Will the proposed zone secure safety from fire, panic and other
dangers?
Residential development of the Meridian Addition would be less of a
safety hazard in terms of fire safety than would be an area that had
commercial or industrial uses. The same type of logic follows for
police protection, such that commercial or industrial uses might
pose hazards to children or other residents in the nearby neighborhood.
As mentioned earlier, the area might be more secure relative to
traffic safety if residential as opposed to commercial or industrial
uses were permitted in the area.
Will the proposed change promote the health and general welfare?
The proposed zones will serve the general public interest by helping
to promote orderly growth and development by providing separation of
incompatible uses and by promoting a uniform pattern of development
in the area. It can be predicted with some certainty that the
existing public service infrastructure can adequately accommodate
residential uses but this.cannot be assuredif the area transformed
to strictly commercial or industrial uses.
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Will the proposed zone provide for adequate light and air?
The bulk and dimensional requirements. of a Residential R-4 zone
require the establishment of minimum yard`; -setbacks and maximum lot
coverage together with restrictions on, building height. The open
space requirements associated with setbacks and maximum lot coverage
are far more lenient in a general business or light industrial
zoning classification.
Will the proposed zone prevent the overcrowding of land?
Most of the lot sizes in the Meridian Addition are approximately 50
feet by 170 feet. Property ownars within the area generally own
multiple lots. On a comparative basis, it can be expected that
general commercial and industrial land uses will occupy more land
area than would the uses permitted in a residential zoning classifi-
cation. More impervious coverage is associated with general commercial
or industrial uses due to the greater demands for off -site parking
requirements and larger building or facility size requirements.
Will the proposed zone avoid undue concentrations of people?
Less people are likely to be associated with a residential zone as
opposed to a general commercial or industrial zone. Trip generation
in a residential zoning classification is mostly associated with
routine traffic to and from residential units. Trip generation
associated with commercial or industrial uses are generally linked
to customers and employees of those businesses. During most days it
is likely that more people will be associated with the non-residential
uses.
Will the proposed zone facilitate the adequate provision of transpor-
tation, water, sewage, schools, parks, and other public requirements?
A full range of general public services are currently available to
the area. Residential. uses of the area will have less of 'an impact
on those public services as opposed to general commercial or 'industrial
uses. Residential development of the Meridian Addition is likely to
have more of an impact on schools and parks as opposed to some other
zoning classification. However, more intensive land uses that might
be associated with general commercial or industrial zoning would
probably have greater impact on such services as roads and police
and fire protection.
Does the proposed zone give consideration to the particular suitabilit.
of the property for particular uses?
The Meridian Addition is located between Meridian Road on the east
and the railroad tracks on the west. The area is generally flat and
has a variety of available public services. Because of these character-
istics, a full range of different land uses could probably be
accommodated in the area. Road access, street size, safety consider-
ations, and other such characteristics however would probably make
the area more suitable to low intensity uses.
Does the proposed zone give reasonable consideration to the character
of the district?
Residential zoning is in place to the north, east and south of the
Meridian Addition. Industrial zoning is in place on the west side
of the railroad tracks. Railroad tracks, rivers and other such
features are preferred divisions between zoning districts. The exten-
sion of industrial zoning from the west to the east across the
railroad tracks would set a precedent to the area and have a significant
influence to the adjoining properties.
Will the proposed zone conserve the value of buildings?
The proposed zoning will-, in essence, for the first time in more
than 10 years establish some predictable value for the properties.
Up to this point, the market value of the properties in the area has
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always been uncertain due to the question of how the property is or
will be zoned. No matter what zoning is applied to the area, not
all properties will correspondingly profit. Those properties that
would be grandfathered under the zoning classification would be able
to continue to exist as they are or would have enough flexibility to
change use even to other nonconforming uses. This will help maintain
the property values of even the nonconforming uses.
Will the proposed zone encourage the most_ appropriate use of land
throughout the jurisdiction?
In the context of the entire jurisdictional area of the Kalispell
City -County Master Plan, the best- fit for the area would .be some
type of residential zoning classification. Sufficient areas within
the city limits have been set aside for general commercial uses.
General commercial uses should normally be located along highway
corridors and away from residential neighborhoods. The railroad
track system currently provides an effective separation between
industrial uses and less intensive uses. This natural separation
between zoning districts should be maintained.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. Sect -Lon 5. 01 , Of f icia I Zoning Map of the Ka 1 ispe 11
Zoning Ordinance, (Ordinance #1110) is hereby amended by
designating Meridian Addition as Residential, R-4.
SECTION 11. The balance of Section 5.01., Official Zoning
Map, 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 by
the Council and approval by the Mayor.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED
BY THE MAYOR THIS 6th - DAY OF November _ 1989.
910/hn "Ed" Kenne U'r., Mayor -
ATTEST:
-f
Don-r1alver, C.M.C.T
City Clerk -Treasurer
u
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