Ordinance 1144 - Zoning - Suhr TransportF.58
ORDINANCE NO. 1144
AN ORDINANCE TO AMEND SECTION 5.01, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1110), BY ZONING TRACT 2,
RESUBDIVISION OF KALISPELL LUMBER, ADDITION #50, TO THE CITY OF
KALISPELL, FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED GENERAL BUSINESS,
B-2) LIGHT INDUSTRIAL, I-1, IN ACCORDANCE WITH THE KALISPELL CITY -COUNTY
MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Tract 2, Resubdivis.ion of Kalispell Lumber, Addition
#50 to the City of Kalispell, Flathead County, Montana lying within
Government Lot 4, Section 7, Township 28 North, Range 21 West, P.M.M.
is a tract of land on the West side of 8th Avenue West North South of
Wright's Kalispell Lumber, and
WHEREAS, Suhr Transport., a Montana Corporation, the owner of
said tract of land, has petitioned the City Council of the City of
Kalispell to change the zoning on said tract of land from General
Business, B-2 to Light Industrial, 1-1, and
WHEREAS, said tract of land .is surrounded primarily by General
Business, B-2, zoning classification which is primarily intended to
accommodate outdoor retail business uses and general business uses
and not intended to accommodate industrial uses such as warehousing
and transportation facilities, and
WHEREAS, the zone change request was the subject of a Flathead
Regional Development Office report, #KZC-89-1 dated December 5, 1989
wherein the'Flat.head Regional Development Office evaluated the zone
change request and recommended that said tract of land be rezoned as
Light Industrial, I-1, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission held a public hearing after due and proper notice, on the
12t.h day of December, 1989, and considered all of the facts relevant
to the proposed zone change, including the FRDO report and public
input, and
WHEREAS, the Kali -spell C.ity-County Planning Board and Zoning
Commission .issued a recommendation that said tract of land be rezoned
Light Industrial, 1-1, 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 15t.h day
of January, 1990 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 said tract of land, Light Industrial, I-1, the City
Council makes the following based upon the criterion set forth in
576-3-608, M.C.A., and State, Etc. v Board of County Commissioners,
Etc., 590 P2d 602:
1. Does the requested zone comply with the Master Plan?
The land use map of the Kalispell City -County Master Plan establishes
a land use designation of industrial for the general area of the
subject property. The requested light industrial I-1 classification
would be in substantial conformance with this Master Plan designation.
2. Will the requested zone secure safety from fire, panic, and other
dangers?
A change in zoning to light industr,.i-al will probably not constitute
an added impact to the area since the current use of this and adjoining
prbp6`r' .ies is 'already light i.ndustr'.ial in character. The property
f l' '
does not appear to pose any extraordinary threats to public health
and safety. In fact, the land .is probably more appropriate to light
industrial uses as opposed to retail or other similar uses. A full
level of city services will continue to be available to the area
regardless of the zoning, including police and fire protection and
water and sewer service.
3. Is the requested zone designed to lessen congestion in the
streets.
As already suggested, a change in zoning is not likely to affect the
general industrial character of the area. Trip generation is not
likely to change with the change in zoning to I-1 but the mix of
traffic may change with an increase in truck traffic.
4. Will the requested change promote the health and general welfare?
The proposed zoning is in conformance with the Master Plan which is a
measure of general public interest. Public health and general welfare
will continue to be served by the regulation of uses under the
provisions of the Kalispell Zoning ordinance.
5. Will the requested zone provide for adequate light and air?
The bulk and dimensional requirements associated with the light
industrial zone should .insure that adequate light and air are available
to the property. The proposed zoning will not constitute a dramatic
change in land uses in the area but instead will compliment the
adjoining zoning classifications and .industrial uses.
6. Will the requested zone prevent the overcrowding of land?
The Master Plan indicates that this area of the city is suitable for
high intensive land uses. The subject area is suitable to light
industrial uses due to the availability of such services as rail
transportation, water, sewer and roads. Due to this availability of
services and the general characteristics of the land, land coverage
is not expected to be a problem. The maximum lot coverage and
requirements between a B-2 and I-1 zoning classification do not change.
7. Will the requested zone avoid undue concentration of people?
The concentration of people is either related to the number of dwelling
units or by the service capacity of a particular business. In either
case, "concentration" 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 undue concentration of people. Whether the property
remains general business or is changed to light industrial, the hours
of activity are likely to remain very similar since the uses of the
property will be business related as opposed to residential related.
8. Will the requested zone facilitate the adequate provision of
transportation, water, sewage, schools, parks, and other publicrequire-
ments?
The public service requirements of the requested zoning classification
should be substantially similar to those of the existing zoning classifi-
cation as pertinent to the subject. property. A light industrial zone
will not adversely affect school enrollment or usage of public parks.
Any proposed uses within the zone will be subject to site plan review
which will require that any new uses comply with uniform building
codes and with the construction standards of the city of Kalispell as
related to water and sewer extension.
9. Does the re uested zone give consideration to the articular
suitability, f the property for particular uses?
As stated e`drlier, the
properties 'dre 'currently
sr
subject property and much of the adjoining
being used for light industrial purposes.
n
,i t
60
This particular property is especially suited to light industrial
uses since it is located adjacent to a railroad spur and to other
light industrial uses.
10. Does the requested zone give reasonable consideration to the
character of the district?
The general character of the surrounding area is light industrial.
Adjoining zoning classifications include light industrial, industrial -
commercial B-5, and general business B-2, which is a strip commercial
zoning class i.ficati.on. The proposed zoning will be compatible with
the adjoining zoning classifications and with the adjacent land uses.
11. Will the proposed zone insure the value of buildings
The proposed zoning classification will allow the existing uses of
the property to continue as a conforming use as opposed to a non-
conforming use. Furthermore, the proposed zoning classification will
complement the adjoining zoning classifications and land uses. All
this should serve to protect and matnt.ain property values in the
area.
12. Will the requested zone encourage the most appropriate use of
the land throughout the municipality?
One of the purposes of the Kalispell City -County Master Plan is to
identify areas within the city limits that are suitable for particular
types of uses. As relevant to this property, the Plan indicates that
light industrial. is suitable. The proposed I-1 zoning classification
would be consistent with that land use designation. 'Therefore, the
proposed zoning request will help implement or achieve the .intent of
the Master Plan.
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 #1110) is hereby
amended by designating Tract 21 Resubdivi.sion of Kalispell
Lumber, Addition #50 to the City of Kalispell, Flathead
County, Montana, lying within Government Lot 4, Section 7,
Township 28 North, Range 21 West, P.M.M., as Light Industrial,
I-1.
SECTION II. 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
City Council and approval by the Mayor.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED BY
THE MAYOR THIS 5th DAY OF FEBRUARY , 1990.
ATTEST:
Am li . R bert son
Acting City Clerk -Treasurer
Roger . Hop . s, Mayor
1
fl
1