Ordinance 1145 - Zoning - Stertz61
ORDINANCE NO. i 145
AN ORDINANCE TO AMEND SECTION 5.01, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1110), BY ZONING THE QUIRT'S
ADDITION (PREVIOUSLY ZONED RESIDENTIAL APARTMENT, RA-1) NEIGHBORHOOD
BUSINESS, B-1, IN ACCORDANCE WITH THE KALISPELL CITY -COUNTY MASTER
PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, the Quirt's Addition is a single lot located on North
Meridian Road at Two Mile Drive, Kalispell, Flathead County, Montana,
as is more particularly described in Exhibit "A", attached hereto and
for purposes of this Ordinance made a part hereof, and
WHEREAS, Philip C. Stertz, the owner of the Quirt's Addition,
petitioned the City of Kalispell that the zoning classification attached
to the Quirt's Addition, Residential Apartment, RA-1, be changed to
Neighborhood Business, B-1, and
WHEREAS, the Quirt's Addition exists as a zoning island surrounded
by Neighborhood Business, B-1, and General Business, B-2, zoning
classifications, and
WHEREAS, the petition of Philip C. Stertz was the subject of a
report compiled by the Flathead Redevelopment Office, #KZC-89-2, dated
December 5, 1989, in which the Flathead Regional Development Office
evaluated the petition and recommended that the Quirt's Addition be
rezoned Neighborhood Business, B-1, as requested by the petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission held a public hearing after due and proper notice, on the
12th day of December, 1989, and considered all of the facts relevant
to the zone change request, including the FRDO report and public
input, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report that the Quirt's Addition be zoned Neighbor-
hood Business, B-1, and
WHEREAS, pursuant. to S6.13 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 15th day
of January, 1990, and considered the FRDO report, and 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 Quirt's Addition, Neighborhood Business, B-1,
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
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 "Commercial" for the general area of the
subject property. The text of the Master Plan further clarifies that
this area is suitable for neighborhood type businesses. The requested
B-1 zoning classification would be in substantial conformance with
the Master Plan.
2. Will the requested zone secure safety from fire, panic and other
dangers?
The subject property does not exhibit any extraordinary threats to
public health and safety. Regardless of the zoning, the property
will continue to be served by such public services as water, sewer,
police and fire protection. The change of use from the existing
1'
6.2
single family dwelling will require review under the Kalispell Zoning
ordinance. This will insure that any change of use will comply with
uniform building code standards, site design standards, and parking
standards.
3. Is the requested zone designed to lessen congestion in the
gtrPPt.q?
Access to the property is off of North Meridian Road. This road is
designated by the Master Plan as a minor arterial. Regardless of
what happens on this particular property, Meridian will remain a
highly traveled roadway. Since Neighborhood Business B-1 is intended
to be compatible with residential neighborhoods, it is unlikely that
the change in zoning from an apartment classification to a neighborhood
business classification will significantly increase traffic on that
particular site.
4. Will the requested change promote the health and general welfare?
The general public health and welfare should continue to be served by
the requested zone. The requested zone change to B-1 is consistent
with the land use anticipated by the Master Plan so the requested
zoning should be a reflection of general public interest. Any use
that might be anticipated in a B-1 zoning classification should not
pose any threats to public health and safety. The requested zoning
classification will be compatible with the adjoining land uses and
with the general character of the area.
5. Will the requested zone provide for adequate light and air?
The minimum yard requirements of the existing zone and proposed zone
are substantially the same. Therefore, the change in zoning should
continue to insure that adequate light and air will be available to
the property.
6. Will the requested zone prevent the overcrowding of land?
The total ground coverage that might be permitted in a B-1 classification
is not likely to exceed that permitted in the existing RA-1 zoning
classification. The maximum floor area ratio for the requested zone
is 0.50 which implies that a substantial portion of the property must
remain as either open space or vacant. In any event, it is unlikely
that any use proposed .in the zoning district will exceed the carrying
capacity of the property as measured by the availability of public
service.
7. Will the requested zone avoid undue concentration of people?
It is difficult to speculate on whether an apartment use may be more
"people intensive" than a neighborhood business use but .it is relatively
certain that the location of the proposed B-1 zone is capable of
accommodating most types of neighborhood business uses without the
consequence of congestion or "too many people". The business uses
will not exceed the service capabilities of the area.
8. Will the requested zone facilitate the adequate provision of
transportation, water, sewage, schools, parks, and other public require-
ments?
The proposed B-1 zoning classification will not have any direct impact
on school enrollment or park usage. Any infrastructure needs that
might be associated with any new development in the zone will be
supplied by the owner/developer. In this situation, it is doubtful
that any additional public service requirements will be necessary.
Neighborhood business uses are not expected to be any more demanding
on public services than high density residential uses.
9. " Does:"the t'tte�uested zone give consideration ` to the particular
suitability of 'the, property for particular' uses?
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1
L,
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The property subject to
this request
is<comprised of
a single lot
that adjoins Meridian Road.
A single
family dwelling
is presently
located on the property.
Due to the close proximity of
this lot to a
major urban street, the
usefulness, of
the property for residential
purposes is marginal. Uses
that might be
associated with a neighborhood
business zone may be more
appropriate.
10. Does the requested zone give reasonable consideration to the
character of the district?
The general character of the area is commercial. The area does not
particularly lend itself to strip type commercial development. The
area still retains a mixture of residential and commercial character
and, therefore, neighborhood businesses may be more appropriate to
the area.
11. Will the proposed zone insure the value of buildings?
The adjacent properties will probably benefit positively from the
proposed zone change. The B-1 zone would be more in conformance with
the adjoining zoning in the area. Relative to the property itself,
it is likely that a change in zoning from residential to commercial
will solicit a higher market value for the property.
12. Will the requested zone encourage the most appropriate use of
the land throughout the municipality?
The Kalispell City -County Master Plan provides a locational guide for
uses within the city limits of Kalispell. The plan indicates that
the subject area is parti-cularly suitable for neighborhood type
businesses. The requested zoning classification would serve as a
means of implementing 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, of the Official Zoning Map of the
Kalispell Zoning Ordinance, (Ordinance #1110) is hereby
amended by designating the Quirt's Addition as Neighborhood
Business, B-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 and
approval by the Mayor.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED BY
THE MAYOR THIS - -5t%— DAY OF FEBRUARY, 1990 .
I r�lv
Roger Hopkigs Mayor
ATTEST:
Amy H. Robertson
Acting City Clerk -Treasurer
CT-20979
EXHIBIT "A"
Schedule C.
All of Quirt ,Addition, according
the recorded plat thereof,
records of Flathead County,
AND:
A tract of land in the Southeast Quarter Northeast Qu
arter Ft4)
Flathead
of Section 12, Township 28 North, Range 22 West,
County, Montana, particularly described as follows:
Commencing at the N3pte�ttootherof WestsboundaryEof thethence County Road;
West a distance of
thence a distance of 514.5
South, along; the West boundary er said road,
feet to the Northeast correcordsQofrthe CountyoClerkCanding to
the map or plat thereof, Montana; thence
F.ecorder of Flathead County,
South a distance of 73.5 feet to the Southeast corner of said
Quirt's Addition; thence
West, a Quirt's
Ad of 125 feePointthe
of Beginning ofcorner
the tractto said
be
Quirt's Addition, th
herein described; thence point; thence
West, a distance of 466.6 feet to a p
North, a distance of 73.5 feet to a point; thence
to the Northwest
East, a distance of of 466.6 feuirtms=e or Addition5athence
corner of aforementioned Q
South along the West boundary of said Quirt's Addition, a distance
of 73.5 feet to the Point of Beginning.
THE END.
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