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Ordinance 1152 - Zoning - Griffin Field79 ORDINANCE NO. __ 1152 - AN ORDINANCE TO AMEND SECTION 5.01, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1110), BY ZONING THE OLD GRIFFIN FIELD SITE (PREVIOUSLY ZONED PUBLIC, P-1) COMMUNITY BUSINESS, B-3, IN ACCORDANCE WITH THE KALISPELL CITY - COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, the old Griffin Field Site consists of twelve (12) lots located between 2nd Avenue East North and 3rd Avenue East North and south of Montana Street East, Kalispell, Flathead County, Montana, more particularly described as follows: Lots 1, 2, 3, 4, S, 6, 7, 8, 9, 10, 11, and 12 of Block 23 of Kalispell Original, and WHEREAS, the City of Kalispell in association with Hawkins Properties of Boise, Idaho, the owner of the Old Griffin Field Site petitioned the City of Kalispell that the zoning classification attached to the Old Griffin Field Site, Public, P-1, be changed to Community Business, B-3, and WHEREAS, the Old Griffin Field Site exists as a zoning island surrounded by Community Business, B-3; Central Business, B-4; and Light Industrial, I-1, zoning classifications, and WHEREAS, the petition of the City of Kalispell in association with Hawkins Properties of Boise, Idaho was the subject of a report compiled by the Flathead Regional Development Office, #KZC-90-1, dated May 1, 1990, in which the Flathead Regional Development Office evaluated the petition and recommended that the Old Griffin Field Site be rezoned Community Business, B-3, 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 8th day of May, 1990, and considered all 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 Old Griffin Field Site be zoned Community Business, B-3, 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 4th day of June, 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 Old Griffin Field Site, Community Business, B-3, 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 Commissioiners, Etc. 590 P2d 602: Does the requested zone complV with the Master Plan? The land use designation of the subject property according to the Kalispell City - County Master Plan is "public". According to the text of the Master Plan a public land use designation is "a district intended to be used principally for a public purpose by the City, the county, the state, a school district or other public agency or by semi-public or a non-profit agency. Such uses will be strategically located throughout the community as specific user needs dictate". As previously discussed, the property is no longer being used for public purposes since the demolition of the Griffin Field Baseball facilities and their subsequent relocation to another portion of the city. There does not appear to be a demand for other public facil- ities that would benefit from that P-1 zoning classification. As such, the property is viewed as surplus city property and can be added to the tax rolls by selling to the private section. The Master Plan further notes that there appears to be an above average number of lands wihin lthe city de.ignated as public. Overall policies and mapped land use designations of the Master Plan would indicate that t4ls j�, operi�,y•.yaotil,�..b�-•,suitable for pommezcial,+use. Am• will the requested zone secure safety from fire, panic, and other dangers? A full range of public services are currently available to the property including police and fire protection. Fire hydrants are conveniently located around the perimeter of the property. The property is accessible from at least three sides with improved city streets. The property does not appear to pose any unusual constraints that would prevent the development of commercial facilities on the property. Is the requested zone designed to lessen congestion in the streets? The primary access to the property is off of Third Avenue East North. Average daily traffic volume along this street exceeds 6,000 vehicles. Traffic flow is regulated near the northerly terminus of Third Avenue East North by a traffic signal and to the south via a one-way designation. Development of any use on the property will increase traffic trips on Third Avenue East North but it is uncertain whether any new development will actually create traffic congestion. The uses allowed in a P-1 zone versus a B-3 zone may result in similar impacts. Will the requested change promote the health and general welfare? The Kalispell City -County Master Plan encourages the concentration of commercial uses in established commercial centers. The subject property is located within the core commercial districts of Kalispell and is surrounded by similar zoning. The requested zone change is generally consistent with the Plan and, therefore, should be in the general interest of the public. Will the requested zone provide for adequate light and air? The bulk and dimensional requirements of a Community Business B-3 zoning district are generally less restrictive than those of a Public P-1 district. In other words, greater setbacks and more restrictive height requirements are applicable to a P-1 zone as opposed to a B-3 zone. However, the bulk of uses in a B-3 zoning district are regulated by maximum floor area ration of 2.5 which should be sufficient to insure that adequate light and air is available consistent with the general characteristics of a business district. Will the requested zoneprevent the overcrowding of land? Greater lot coverage is, possible in a B-3 zoning district as compared to a Public P-1 zoning district. However, this does not necessarily indicate that uses in a B-3 zoning district will create an overcrowding of the land.. Overcrowding is generally a function of the availability, or lack thereof, of infrastructure such as roads, sewer and water. This subject property is adequately served by roads and other services so the likelihood of overcrowding is not expected. In association with new development plans, site plan review will be required which may include landscaping and drainage requirements. will the requested zone avoid undue concentration of people? "Undue concentration of people" is again a function of many variables. Too many people may result if there.is inadequate internal circulation, access, or inade- quate infrastructure. In terms of infrastructure, the site is capable of being developed with commercial facilities. In terms of urban design, high density uses are intended to be concentrated in this portion of the city. Will the requested zone_facilitiate the adequate provision of transportation, water, sewage, schools, parks, and dottier public requirements? Most of the infrastructure necessary to serve the commercial needs of the property are already in place. Internal circulation and extension of utilities will be required and be the responsibility of the owner/developer. No direct impacts are expected on schools and parks other than the benefit that additional tax revenue will have on those public sectors. Site plan review and building code requirements will insure the adequate provision of other public service infra- structure. --2- 1 1 1 1 1 J Does the re eusted zone give consideration to the particular suitability of the property for particular uses? The property is flat, encircled by a public road system, and adjacent to a full range of public utility services. It is also located among other retail commercial establishments. The best use for the property appears to be commercial development. Does the reguested zone give reasonable consideration to the character of the The general character of the surrounding properties is commercial. In terms of zoning, consistency, and application, the best fit for this property would be Community Business, B-3. Will the proposed zone insure the value of buildings? The proposed zoning would further establish the commercial character of this property and surrounding properties. Since the zoning classification would allow uses consistent with the adjoining properties, the adjoining land values should benefit. Will the requested zone encourage the most appropriate use of the land throughout the municipality? The Kalispell City -County Master Plan indicates that this area of the city is the preferred location for concentration of commercial uses. From a planning stand- point, development of this property would help to infill commercial development where it can be best served by public facilities. From a city-wide context, the requested zoning classification of B-3 is the best fit for the property. 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 Old Griffin Field Site as Community Business, B-3. 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 DAY OF3r�n�^, 1990. Roger W.JH pkin Ma or ATTEST: j . Z 2._. '// a � /"- - - - Amy H. R ertson City Clerk -Treasurer -3-