Ordinance 1153 - Zoning - Lot 5, Hall's Add.!�21
ORDINANCE NO. 1153
AN ORDINANCE TO AMEND SECTION 5.01, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1110), BY ZONING LOT 5
OF HALL'S ADDITION #82 (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, Lot.5 of Hall's Addition #82 is a single lot located on
North Meridian Road, Kalispell, Flathead County, Montana, as is more
particularly described as follows:
Lot Five (5) of Hall's Addition No. 82, according to the plat
thereof on file and of record in the office of the Clerk and Recorder
of Flathead County, Montana,
and
WHEREAS, First Citizen's Bank of Polson, the owner of Lot 5 of
Hall's Addition #82, petitioned the City of Kalispell that the zoning
classification attached to Lot 5 of Hall's Addition #82, Residential
Apartment, RA-1, be changed to Neighborhood Business, B-1, and
WHEREAS, Lot 5 of Hall's Addition #82 exists as a zoning island
surrounded by Residential, R-4; Public, P-1; Residential Apartment,
RA-1; and General Business, B-2, zoning classifications, and
WHEREAS, the petition of First Citizen's Bank of Polson was the
subject of a report compiled by the Flathead Regional Development
Office, #KZC-90-2, dated May 1, 1990, in which the Flathead Regional
Development Office evaluated the petition and recommended that Lot 5
of Hall's Addition #82 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
8th day of May, 1990, 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 Lot 5 of Hall's Addition #82 be zoned
Neighborhood Business, B-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 976-2-303, 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 and public
input both for and against the recommended zoning, and
WHEREAS, after considering all the evidence submitted on the proposal
to zone Lot 5 of Hall's Addition #82, 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:
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 high density residential for the general area
of the subject property. This land use designation is generally favor-
able for supporting pockets of neighborhood commercial type uses. The
text of the Kalispell City -County Master Plan indicates that neighbor-
hood commercial "....would be located within or adjacent to residential
areas..." Furthermore, the Plan indicates that "it should not exceed
five acres in size and should be compactly developed as opposed to
linearly sprawled along the q ".�,.,. 'the Plan. further indicates that
neighborhood business uses may be bppropria-te-along North Meridian Road.
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Will the requested zone secure safety from fire, panic, and other
dangers?
The subject property.is within the city limits of Kalispell where
municipal services such as police and fire protection are available.
Both the fire department and police department of the City have
indicated some concern regarding the future development of this
property. The fire department indicates that it has the ability to
serve the property but emphasizes the need for a future satellite
fire station to accommodate the additional demands in that area of the
City. The police department notes a traffic/safety concern that
persists along Meridian Road. Any additional development could aggra-
vate traffic problems along Meridian Road. The average daily traffic
volumes along Meridian Road in 1989 were 5,530 trips. In 20 years it
is expected that the traffic volume along Meridian Road will more than
double. The primary concerns with traffic safety in the area of the
subject property primarily pertain to the hill approach to the inter-
section with U.S. Highway 93 and the lack of turning lanes off of
Meridian Road. Commercial truck usage of the road is increasing. The
road is often viewed as a by-pass or short-cut to U.S. Highway 93 when
entering the City of Kalispell from the west along U.S. Highway 2.
Commercial development of the subject property would increase truck
traffic along Meridian Road and would correspondingly increase trip
generation, in general, beyond what would be expected with residential
development.
Is the requested zone designed to lessen congestion in the streets?
Since the property is currently vacant, any development of the site will
increase traffic on to Meridian Road, which in many respects is already
considered hazardous. As previously discussed, the mix of traffic would
include a greater proportion of commercial truck traffic with develop-
ment of commercial uses on the property. This could aggravate the
traffic congestion at the intersection of U.S. 93 and Meridian Road,
especially given the steep approach to that intersection and the
narrow width of the road.
Will the requested change promote the health and general welfare?
It appears that the Kalispell City -County Master Plan provides suffi-
cient flexibility to allow a neighborhood business zone in this area
as well as the existing zoning of Residential Apartment RA-1. Zoning
in conformance with the Master Plan is generally viewed as being in
the general public interest, which is a measure of promoting the health
and general welfare.
Will the requested zone provide for adequate light and air?
The bulk and dimensional requirements associated with a B-1 zoning
classification should be sufficient to insure adequate light and air.
The zoning ordinance establishes setback requirements similar to those
required by the existing RA-1 zoning classification. Maximum building
height requirements are also similar between the two zoning classifi-
cations.
Will the requested zone prevent the overcrowding of land?
The current RA-1 zoning classification on the property would allow a
maximum lot coverage of up to 45%, whereas the proposed B-1 zoning
classification does°not have any restrictions on maximum lot coverage.
Therefore, it is possible that the B-1 classification could increase
land coverage on the property. This is a particular concern since
drainage is a critical problem in this area of Meridian Road. At the
present time, the subject property is vacant and, therefore, much of
the moisture is able to percolate into the ground without overland
runoff. With additional impervious surface, such as parking lots and
buildings, runoff is likely to increase�'''the area of Meridian Road and
move downhill to where -it accumulates and causes problems on other
properties. It is expected that a B-1 zoning classification would be
more detrimental in terms of drainage control as opposed to the existing
RA-I'zonzng classification.
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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 the 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. With the
possible exception of roadway limitations, sufficient infrastructure
is available to the property to accommodate the businesses that might
be associated with the B-1 zoning classification. in comparing concen-
tration of people, the highest concentration of people at any one time
is likely to be associated with retail business as opposed to residen-
tial dwellings. However, it is difficult to assess whether the
concentration of people associated with the retail businesses or
professional offices are excessive without knowing the scale and type
of development that may ultimately located on the property.
Will the requested zone facilitate the adequate provision of transpor-
tation, water, sewage, schools, parks, and other public requirements?
The public service requirements of the requested zoning classification
should be similar to the needs of the existing residential zoning
classification. In general terms, the land owner would be responsible
for extending any required public services to the property. improve-
ments to the property would be subject to site plan review, subdivision
review, building code review, and/or conditional use review. These
mechanisms should be adequate to insure that adequate public facilities
are extended to the. property. In terms of positive impacts to schools
and parks, the proposed B-1 zoning classification would probably be
more beneficial than the existing RA-1 zoning classification. The
schools would benefit from the "commercial" taxes and commercial
development will not have a direct impact on parkland use.
Does the requested zone give consideration to the
of the property for particular uses?
rticular suitabilit
The property is five acres in size and is generally situated between
Meridian Road on the west and U.S. Highway 93 on the east. The slope
is downhill from the highway to Meridian Road. The property does not
seem to pose any unique topographical or other physical constraints to
the development of either residential or commercial uses. Due to the
mixture of uses in the vicinity, and the influence of major roadways
in the area, it is unlikely that the property would be suitable for
single family dwellings. However, given the growth of the hospital
campus and the nearby location of the community college, multi -family
use of the property cannot be ruled out. The land fronting along
Meridian Road would probably be best suited to some sort of non--
residential uses whereas the rear of the property might be best suited
to multi -family uses. five acres of commercial uses could be excessive
in terms of traffic mix and land coverage.
Does the requested zone give reasonable consideration to the character
of the district?T
The subject property is located in an area of transition. in close
proximity there are a variety of different land use types including
residential, commercial, and industrial. Due to this mixture of land
uses, it may not be practical to encourage residential uses on the
entire five acres. The proposed B-1 zoning classification would be
preferable over other more intensive commercial zoning classifica-
tions such as General Business B--2.
will the proposed zone insure the value of buildings?
The proposed zoning classification should not be detrimental to most of
the adjoining land uses. However, the intensive land uses that would
be associated with a neighborhood business zone, as compared to a resi-
dential apartment zone,'. could have a negative impact on the adjoining
residential properties. Because of this, at least one land owner has
expressed the'need for a fence along the southerly boundary of the
property so as to minimize trespassing on to.the adjoining residential
property. It is also possible that the marketability of the adjoining
single family residences could be adversely affected by the development
of commercial uses on the property.
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Will the requested zone encourage the most appropriate use of the
land throughout the municipality?
The Flathead Regional Development Office is not aware of any demand or
need for additional commercial space in the municipal Limits of
Kalispell. In the same vein, there does not appear to be a demand or
need for additional apartment zoning in Kalispell. If the requested
zoning is granted for the subject property, it is likely that develop-
ment of the property would occur over an extended period of time as
opposed to a short time frame.
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
Lot 5 of Hall's Addition #82 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 __I&tt_ DAY OF JENE , 1990.
ATTEST:
Amy H. obertson
City Clerk -Treasurer
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C
Roger W op ins Mayor