Ordinance 1165 - Zoning - Walker Add. 96�120
ORDINANCE NO. 1165
AN ORDINANCE TO AMEND SECTION 5.01, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1110), BY ZONING LOT
1, WALKLR ADDITION #96, (PREVIOUSLY ZONED RESIDENTIAL APARTMENT,
RA-1) GENERAL BUSINESS, B-2, IN ACCORDANCE WITH THE KALISPELL
CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Lot 1 of Walker Addition #96 is a single lot
located on Fifth
Avenue East,
Kalispell, Flathead County,
Montana, as is more
particularly described as follows:
Lot #Z, Tract
#8NB, Section
20, Township 28N, Range
21W, according
to the plat
thereof on file and of
record in the
office of the
Clerk and Recorder of
Flathead County, Montana,
and
WHEREAS, Valley Glass, Inc., the owner of Lot 1 of Walker
Addition #96, petitioned the City of Kalispell that the zoning
classification attached to Lot 1 of Walker Addition #96,
Residential Apartment, RA-1, be changed to General Business, B-2,
and
WHEREAS, Lot 1 of Walker Addition #96 is bordered on three
sides by General Business, B-2, zoning classification, and
WHEREAS, the petition of Valley Glass, Inc. was the subject
of a report compiled by the Flathead Regional Development Office,
#KZC-90-3, dated October 9, 1990, in which. the Flathead Regional
Development Office evaluated the petition and recommended that
Lot 1 of Walker Addition #96 be rezoned General Business, B-2, 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 16th day of October, 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 1 of Walker Addition #96 be
zoned General Business, B-2, and
WHEREAS, pursuant to Section 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 Section
76-2-303, M.C.A., on the 19th day of November, 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 1 of Walker Addition #96, General Business,
B-2, the City Council makes the following based upon the
criterion set forth in Section 76-2-304, M.C.A., and State, Etc.
v Board of County Commissioners Etc. 590 P2d 602:
Does the re nested zone comply with the Master Plan?.
The primary test of determining compliance with the Master Plan
is whether the proposed classification is consistent with the
land use designation assigned to that area by the official map of
the Kalispell City -County Master Plan. For the subject area, the
property is located in a transition area from a "general
commercial" land use designation to a "high density residential"
land use classification. -..,'The requested zoning of General
Business B-2 would be in substantial conformance with the Map of
the.Master Plan'.
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Will the requested zone secure, safety from fire, panic, and
other dangers?
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Regardless of the zoning, police and fire emergency response will
be available to the property from the City of Kalispell. The
property is relatively 'flat and poses no unusual constraints to
.the development of either residential or commercial uses.
Construction of any facilities on the property will require
compliance with all applicable building codes and extension of
utilities in accordance to city of Kalispell design and
construction standards.
Is the requested zones designed to lessen _congestion in the
streets?
The subject property generally lacks an improved access to a
public 'road. The property is situated halfway between Third
Avenue East and Fifth Avenue East. Of these two roads, Third
Avenue East can more efficiently accommodate commercial traffic.
It is expected that roadway improvements will be extended from
the property to Third !Avenue East in the event of the zone
change. This will direct traffic to the preferred roadway.
Third Avenue East has been recently reconstructed and should be
able to accommodate any additional traffic that might be
associated with the property.
Will the requ__est_e_d zone change promote the „ health and general
welfare?
Zoning in conformance wilth the Master Plan is generally viewed as
being in the public interest. The requested zoning
classification is compatible to other zoning classifications in
the vicinity and, therefore, should not introduce any uses into
the area that would negatively affect the health and general
welfare of the public.
Will the requested zone provide for adequate light and air?
A general business zoning district is a land intensive zone
intended to accommodate; commercial uses. However, the zoning
ordinance does require that setbacks and greenbelt be established
along all abutting residential zoning districts. This will
minimize the "intrusion" of land intensive uses into adjoining
residential areas and ;ensure adequate light and air in that
transition area.
Will the requested zone prevent the overcrowding of land?,
Overcrowding of land will be prevented by compliance with the
zoning regulations that pertain to setbacks, screening, and
loading and parking. A11 public service extensions will be sized
to accommodate the commercial facilities built on the property.
An B inch sewer main follows Third Avenue East and a 6 inch water
main follows Third Avenue East. Connection to these two mains
must meet all City of Kalispell design standards.
Will the requested zone avoid undue concentration of oeonle?
Any commercial facility that may be built on the property must be
"sized" to comply with all the parking and loading requirements
of the Kalispell Zoning Ordinance. Access approaches onto public
roads must also be approved. These and other review requirements
should ensure that commercial uses will not exceed the service of
environmental limitations of the property.
Will the requested zone facilitate the adequate provision of
transportation, water, sewage, schools, parks, and_other__public
requirements?
The proposed zone change to a commercial classification will have
a minimal impact on schools and parks. Development of the
property will require developer extension of water and sewer
mains in accordance to the city of Kalispell standards.
Transportation improvements are not expected to the public road
system although a private road will need to be developed from the
property to Third Avenue East. A right-of-way easement from
Third Avenue East to the subject property would be necessary.
Does the requested _zone dive consideration to the particular
suitability of the p.Koperty for particular uses?
As indicated earlier, the subject property is wedged half way
between Third Avenue East and Fifth Avenue East. The property is
suitable for either commercial or residential uses. The
topography is relatively flat and all public services can be
extended to the property. Commercial use of the property would
direct most of the traffic onto Third Avenue East as opposed to
Fifth Avenue East.
Does the requested zone give reasonable consideration to the
character of the district?
The proposed zoning classification of General Business B-2 is
appropriate given the development pattern and zoning in the area.
Commercial uses are located to the south, west, and north of the
subject property. General Business B-2 zoning is also located to
the north, west, and south of the property. Granting the zone
change from RA-1 to B-2 would provide a more uniform zoning
pattern in the area.
Will the proposed zone insure the value of buildings?
The proposed zoning classification should not have a negative
impact on any adjoining property values. Commercial uses of the
property would be similar in nature to those located to the
north, south and west. The influence of commercial uses on the
property to the east would be minimized by the requirement to
provide a vegetative screen along the easterly property line.
Will the requested one encourage the most appropriate -use of the
land throughout the jurisdiction?
The proposed General Business B-2 classification will permit land
uses' that are consistent with the general character of the area
and with the anticipation of the Master Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. Section 5.01, of the Official Zoning Map of
the Kalispell Zoning Ordinance, (Ordinance #1110) is
hereby amended by designating Lot 1 of Walker Addition
#96 as General Business, B--2.
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.
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SECTION III. ThisOrdinance 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 3rd DAY OF December , 1990.
Dougldgs Rauthe, Mayor
ATTEST:
Amy H./Robertson
City Clerk -Treasurer
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