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Ordinance 1263/ZoningORDINANCE NO. 1263 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING PROPERTY KNOWN AS ASSESSOR'S TRACTS 30K AND 30KA LOCATED IN SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-3, ONE FAMILY RESIDENTIAL), CITY R-3, URBAN SINGLE FAMILY RESIDENTIAL, IN ACCORDANCE WITH THE CITY - COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Gary and Julie Tackett, the owners of property more particularly described as Assessor's Tracts 30K and 30KA located in Section 8, Township 29 North, Range 21 West, P.M.M., Flathead County, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be changed to City R-3, Urban Single Family Residential, and WHEREAS, the property as described exists as property surrounded to the North by City R-3 classification, to the East by County R-5 classification, to the South by City RA-1 classification, and to the West by City B-2 classification, and WHEREAS, the petition of Gary and Julie Tackett was the subject of a report compiled by the Flathead Regional Development Office, #KA-97-2, dated May 5, 1997, in which the Flathead Regional Development Office evaluated the petition and recommended that the property as described above be zoned City R-3, Urban Single Family Residential, as requested by the petition, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission issued a report recommending the property as described be zoned City R-3, Urban Single Family Residential, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described City R-3, Urban Single Family Residential, the City Council makes the following based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Ft c ._ v. B_o ar_d—o f_Co-unt_y_ Commis s i ones, —Etc ._ 590 P 2 d 6 0 2: Does the_Requested--7,one Complywith the Master__P_lan?_ This property is indicated on the Kalispell City County Master Plan Map as urban residential. The proposed R-3 zoning district complies with that master plan map designation, as well as the goals and policies of the j:wp\ord\Tackett 1 document. I-sthe_Reque-st-e-d--7om-e �De-%i-gned—to—Lessen Conge-s-t_ion in the_St_r_eete? Rezoning this property will result in no change in the amount of traffic which might be generated in the area. No impact on traffic congestion will result with this zoning designation. Wi11 the_3ejcpue_s�ed__Zon_e__Secure__Safe ty__from_Fir_e------ Panic and—Othe-r -Danger_s? There would be no obvious increase in risk related to this zone designation request. Access for fire and other emergency services is adequate. Wi l_l__th_e___Requ_e_s t ed__Z o ne_ C ha ng e__P_r_o mot e___ _t he__Health____and Genes_al___W_e l_fare Because this annexation will enable the property owners to connect to public sewer and abandon their failed system, it can be stated that this zoning (concurrent with the annexation) will promote the general health and welfare of the community. Wil_l___tie__Reque_sted_.Zone__P_rovidle__for-Adequate Light- __and Aix_? There is an established use, a single family residence, on this property which appears to generally comply with the lot size requirements, setbacks, building height and density for the requested zoning designation which assures that there is adequate light and air. Wi.1.l_the-Requeste_d__one_Pr_eventthe Overc rowding _of Land? The requested zoning designation is consistent with other zoning in the area and the type of development which would be anticipated under the master plan. The requested zone will prevent the overcrowding of land. W the—re-q ested.--7-one�tio-id—undue concentration of— peolaLe? No significant increase in the population in the area will j:wp\ord\Tackett 2 result under the proposed zoning. Theoretically, one additional parcel may be able to be created under this zoning district provided adequate provisions can be met. The lot size requirements for the district avoid the undue concentration of people in the area. W:Ll.—theReq-aeeted—Zone—Facilitate_ th_e_Adequste -Provision of—Tr_anspo-rtat_io-n_,_Wa_ter,—S-ewe-rage, Schoole_,__Parks,—and O-thex—P_ubl a-c-3eclui_r_ementz? Public service, facilities and infrastructure are currently in place to accommodate the use in the area. No significant impacts to these services can be anticipated as a result of this zoning proposal. Does ___tlie__Requested _Zone— Give_ Cone_.d_e_rati_o_.___ to___the. P_ar_t_icul_ar___Suit abil_it_v—of the __Proper_ty__for__Par_ticular Uses_? The proposed zoning is consistent with the zoning in the surrounding area and the uses in the area. The proposed zoning is consistent with the master plan map designation and anticipated development. The requested zone gives appropriate consideration for the suitability of this area for the uses allowed under the R-3 zone. Does _the__Reque_sted_-Zone_ Give Reasonable _Cons_ideration_to t_he Character___of the__D__i_str_ict? The general character of the area is transitional, however, the immediate character of the area where this property is located is residential. The use currently on the property is residential and will continue as residential. The requested zone gives reasonable consideration to the character of the area. Wa..l_l__the_P-rop_o-s_e_d.—Zo-ne Cosnserve the _V_alue- of Buildings? Value of the buildings in the area will be conserved because they are consistent with the uses allowed under the zoning and compatible with other uses in the immediate area. j:wp\ord\Tackett 3 Will tlLe—Roclue�ted—ZosLeEncour--Te the Moet__Appxopsaute Uwe o-f--the Land —Throughout the Jur-isdi ction? The most appropriate use of land throughout the jurisdiction appears to currently be residential. This may change in the future as the urban boundaries of the city expand. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SEC -TT —I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance #1175) is hereby amended by designating the property described as Assessor's Tracts 30K and 30KA located in Section 8, Township 28 North, Range 21 West, P.M.M, Flathead County as City R-3, Urban Single Family Residential. SEC-TI_ON-11. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. S�E=1-01T--=T. This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL THIS DAY OF , 1997. Douglas D. Rauthe, Mayor Debbie Gifford, CMC Clerk of Council j:wp\ord\Tackett 4 EXHIBIT A P cel 1• A tract of land in the SZ1jNWh of Section 8, Township 28 North, Range 21 West, P.M.M., flathead County, Montana, described as follows: Ccmencing at the Southeasterly corner of Block "B" of Duncan's Addition to Kalispell, Montana, according to. the plat thereof on file and of record in the office of the Clark and Recorder of Flathead County,Montana; thence Easterly a distance of 147.8 feet on the Easterly continuation of the Southerly boundary of said Block loan to a point, which point is the intersection of the Northerly boundary of Washington Street and the Easterly boundary of Eighth Avenue Zest Northof Kalispell, Montanal thence Northerly along the Easterly boundary of said Eighth Avenue East North a distance of 200 feet to the Northwest corner of that certain tract of land described in deed to Sylvester Florence 0. Hader, husband and wife, recorded September 30, 1957 under Recorder's Fee PS621, in Book 404, page 584, records of Flathead County, Montana; thence continuing Northerly along the Easterly boundary of said Eighth Avenue East North a distance of 25 feet to the Point of Beginning of the tract of land herein described; thence Easterly and parallel with the Northerly boundary of Washington Street a distance of 142 feet to a point; thence Southerly and parallel with the Easterly boundary of Eighth Avenue East North, a distance of 25 feet to apoint; thence Westerly and parallel with the Northerly boundary of Washington Street distance of 142 foot to the Easterly boundary of Eighth Avenue East North; thence Northerly along the Easterly boundary of Eighth Avenue East North, a distance of 25 feet to the Place of Beginning. Parcel 2; A tract of land in the- SxhNWh of Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, described as follows Cownencing at the Southeasterly corner of Block "B" of Duncan's Addition to Kalispell, Montana, according to the plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana; thence Easterly a distance of 147.8 feet on the Easterly continuation of the Southerly boundary of said Block "a" to a point, which point is the point of intersection of the Northerly boundary of Washington Street and the Easterly boundary of Eighth Avenue Bast North; thence Northerly along the Easterly boundary of said Eighth Avenue Bast North a distance of 150 feet to a point, which is the Point of Beginning of the tract of land herein described; thence continuing Northerly along the Easterly boundary of said Eighth Avenue East North a distance of 50 feet to a point; thence Easterly and parallel with the Northerly boundary of said Washington Street a distance of 142 feet to a point; thence Southerly and parallel with the Easterly boundary of Eighth Avenue East North a distance of 50 foot to a point; thence Westerly and parallel with the Northerly boundary of Washington Street distance of 242 feet to the Place of Beginning.