02. Ordinance 1205 - H-1 Zone - 2nd ReadingORDINANCE NO. 1205
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING THE
LOTS INCLUDED IN EXHIBIT "A" ATTACHED HERETO AND THEREBY MADE A
PART HEREOF, (PREVIOUSLY ZONED URBAN SINGLE FAMILY RESIDENTIAL, R-
3; LOW DENSITY RESIDENTIAL APARTMENT, RA-1; AND RESIDENTIAL
APARTMENT/OFFICE, RA-3) HEALTH CARE, H-1, IN ACCORDANCE WITH THE
KALISPELL CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE
DATE.
WHEREAS, the lots included in Exhibit "A" attached hereto
and thereby made a part hereof, are lots located
generally in the area of the Kalispell Regional
Hospital, East of Highway #93 North, North of
Crestline Avenue and South of North Boundary of the
Kalispell City limits, and
WHEREAS, the City of Kalispell, pursuant to Section
27.30.010, Kalispell Zoning Ordinance requested
that the zoning classification of said lots be
changed to Health Care, H-1, and
WHEREAS, said lots exist as tracts of land primarily used
for health care and adult residential care
facilities, and
WHEREAS, the request of the City of Kalispell was the
subject of a report compiled by the Flathead
Regional Development office, #KZC 93-03, January 4,
1994, in which the Flathead Regional Development
Office evaluated the request and recommended that
said lots be rezoned Health Care, H-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 January 11, 1994, 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 said lots be zoned
Health Care, H-1, and
WHEREAS, after considering FRDO Report #KZC 93-03 and the
report the Kalispell City -County Planning Board and
Zoning Commission submitted on the proposal to zone
said lots Health Care, H-1, the City Council of the
City of Kalispell makes the following based upon
the criterion set forth in Section 76-2-304, MCA,
ORDINANCE NO. 1205 1
and State etc. v. Board of County Commissioners,
etc., 590 P2d 602:
Does The Requested Zone Complv With The Master Plan?
The subject property is within the jurisdiction of the
Kalispell City -County Master Plan. According to the map of
the master plan, the property is designated for "Medical -
Professional and High Density Residential" uses and transition
areas. The H-1 Zoning Classification is in substantial
compliance with these designations.
Will The Requested Zone Secure Safety From Fire, Panic And
Other Dangers?
Development within this zone is subject to certain standards
including maximum building height and the provision of off-
street parking. Further, any development of the property is
subject to review by the City's Site Plan Review Committee,
and requires the issuance of building, plumbing, mechanical
and electrical permits. These requirements and review
processes help ensure that development of the property
subsequent to the zone change is done in a safe manner.
Will The Requested Change Promote The Health And General
Welfare?
The general purpose of the City's zoning ordinance is to
promote the general health and welfare and does so by
implementing the City Master Plan. The City's Master Plan
supports the requested zone change. Designation of this area
as H-1 would serve the Flathead region with additional medical
facilities. Any traffic generation that the proposed change
allows would be mitigated at the time of development. In
addition, this area has direct access to a major arterial
(Highway 93). The zoning ordinance provides a mechanism for
public input and review for all zone change requests. This
process offers an opportunity to ensure that any changes to
the Official Zoning Map are done in the general public
interest. Additionally, other review mechanisms are in place
to ensure that development is in compliance with all
applicable safety codes.
Will The Requested Zone Provide For Adequate Light And Air?
The parking, landscaping, and clear vision setback
requirements of the zoning ordinance would ensure that light
and air are adequately provided.
ORDINANCE NO. 1205 2
Will The Requested Zone Change Prevent The Overcrowding of
Land?
Overcrowding of land can occur when development out -paces or
exceeds the environmental or service limitations of the
property. The Zoning Ordinance controls the bulk dimensional
requirements that a property can be developed with. Adequate
infrastructure is in place or can be provided at the time of
development to accommodate the land uses allowed in the
requested zone.
Will The Requested Zone Avoid Undue Concentration of People?
Concentration of people is a function of land use as permitted
by zoning. The proposed zone change would reduce the number
of single/multi-family residential developments in favor of
the medically related residential and non-residential
development. The zoning ordinance covers the intensity of use
that would be permitted in this zone. An undue concentration
of people would result if the property is developed at a level
which exceeds the environmental or service carrying capacity
of the land which will not happen. The proposed zoning will
insure that the site is properly developed or re -developed.
Will The Requested Zone Facilitate The Adequate Provision Of
Transportation, Water, Sewer, Schools, Parks And Other Public
Requirements?
The additional demands for transportation, water or sewer
collection will be evaluated pursuant to individual
development proposals. Because of the types of uses permitted
in the zone schools and parks should not be significantly
impacted. The provision of public facilities for an H-1 zone
may differ greatly from those required in the existing
districts, however, adequate facilities are available.
Does The Requested Zone Give Consideration To The Particular
Suitability Of The Property For Particular Uses?
The subject properties are well suited for uses permitted
within the H-1 zone district. The zone change properties are
of adequate size and have adequate access for facilities of
the type permitted in the proposed zone.
Does The Requested Zoning Give Reasonable Consideration To The
Character Of This District?
The properties in question are well suited for the type
development anticipated under the requested zone because of
the access, regional location, and size of the proposal.
ORDINANCE NO. 1205 3
Would The Proposed Zoning Conserve The Value Of The Buildings?
The subject request would not significantly impact buildings.
If legally constructed buildings exist that don't meet the
setback requirements of the new zoning those buildings would
be considered non -conforming. This non -conforming status
would permit those buildings to continue as before. There are
no known uses that would be affected by this zone. A change
to the H-1 zone will not significantly impact, erode or
devalue the neighborhood beyond the type of uses that are
currently allowed.
Will The Requested Zone Change Encourage The Most Appropriate
Use Of The Land Throughout The Jurisdiction?
The requested zoning classification is substantially
consistent with the Kalispell City -County Master Plan. The
Plan and the existing permitted uses under the zoning
ordinance generally identifies this area for medically related
uses normally associated with a hospital. The change would
encourage the most appropriate use of the land.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. Section 27.02.010, of the Official Zoning Map
of the Kalispell Zoning Ordinance, (Ordinance
#1175) is hereby amended by designating said
lots as Health Care, H-1.
SECTION II. 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.
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 AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
THIS DAY OF MARCH, 1994.
Douglas D. Rauthe - Mayor
ATTEST:
Amy H. Robertson
Finance Director
ORDINANCE NO. 1205 4
EXHIBIT "A"
Flathead Health Center Additon #54, City of Kalispell, Flathead
County, Montana
Kalispell Medical Arts Addition, Resubdivision of Lot 1, City of
Kalispell, Flathead County, Montana
Kalispell Medical Arts Addition, Resubdivision of Lot 2, City of
Kalispell, Flathead County, Montana
Buffalo Hill Apartment and Commercial Addition, Lots 5-28 and
Common Area, City of Kalispell, Flathead County, Montana
Heritage Place, City of Kalispell, Flathead County, Montana
Heritage Health Center (Corrected), City of Kalispell, Flathead
County, Montana
Northwest Professional Center Condo 1A, Units A, B, C, D, E, F, G,
H-1, H-2, City of Kalispell, Flathead County, Montana
Simmons Addition Resubdivision Amended, Lots 1, 2, 3, 4, 5, City of
Kalispell, Flathead County, Montana
Highlands Park Addition, Block 1, Lots 1-6 (ex. N8'), 7, 8; N8'
Lots 1-6, City of Kalispell, Flathead County, Montana
Highlands Park Addition, Block 2, Lot 11 (ex. Street); Lots 3-10;
SE 25' of Lot 12; Lots 1 & 2; Lot 11 (NW Corner), City of
Kalispell, Flathead County, Montana
Highland Park 1st Addition, Lots 1 & 2 (ex 8' strip), City of
Kalispell, Flathead County, Montana
Highland Park Addition #2, Lot 1; Tracts A, 3A, 4A, City of
Kalispell, Flathead County, Montana
Highland Park Professional Condo Lots 7 & 8, Units 1, 2, 3, 4; Lots
12, 10, 11, 13, 14, 2, 3, 4, 5, 6, 9, City of Kalispell, Flathead
County, Montana
Grandview Heights #1, Lots 3-7, City of Kalispell, Flathead County,
Montana
Kalispell Addition #14, City of Kalispell, Flathead County, Montana
Highland Park Addition, Block 5; Tracts 7E, 7EB, 7EC, 7ED, 7EE,
7EJA, 7EEA, 7ECA, 7EBA, 7EF, 7EH Tract 6DB, 7EU, 7ETD, 6E, 6EF,
6EG, 6DH, all in Section 6, T28N R21W
723 5th Avenue East - Room 414
January 27, 1994 !Kalispell, Montana s99i11
Phone: (406) 758-5790
Bruce Williams, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
RE: City of Kalispell Zone Change / H-1
Dear Bruce:
The Kalispell City -County Planning Board and Zoning Commission on January 11,
1994 and held a public hearing on the following agenda item:
A request by the City of Kalispell to amend the Official Zoning Map of the
City of Kalispell, to rezone approximately 70 acres. The subject properties
are currently zoned R-3 (Urban Single Family Residential), RA-1 (Low
Density Residential Apartment), RA-3 (Residential Apartment/Office), and B-3
(Community Business). This request is to change those zones to H-1
(Health Care). The area is generally located on the east side of US
Highway 93 between Heritage Way and Crestline Avenue.
John Parsons, Senior Planner FRDO, presented staff review for this request. The
subject property is comprised of a mixture of existing and proposed medically
related facilities. The proposed H-1 zone is substantially in conformance with the
Kalispell City -County Master Plan, and would be an equal or more intensive zone
of the properties, with the possible exception of the B-3 property. it was
requested that the B-3 property be excluded from the zone change request.
Brun Wood, Zoning Administrator for City of Kalispell presented the City's
position with regards to the B-3 issue. The property owner intends to Master
Plan the entire area, and in anticipation of a neighborhood plan, the City
recommended exclusion of the B-3 property from being rezoned to H-1.
At the public hearing eight persons spoke in favor of the zone change to H-1,
including Brian Wood, representing the City of Kalispell, and David Greer,
planning consultant hired by Northwest Health Care to prepare a neighborhood
plan. All proponents requested that the B-3 property be excluded from the H-1
zone until a neighborhood plan can be developed. Two individuals spoke in
opposition, both concerned with how the H-1 zone will affect the use and value
of adjoining properties.
The Commission, after much discussion, voted 5-1 to adopt FRDO staff report
#KZC-93-3 as findings of fact and recommend to the City Council that the request
to amend the Zoning Map from R-3, RA-1 and RA-3 to H-1 be approved, and
exclude the property zoned B-3 from the H-1 zone change.
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls a City of Kalispell 0 ON of Whitefish •
Bruce Williams
Re: City of Kalispell Zone Change / H-1
January 27, 1994
Page 2
This recommendation is hereby forwarded to the Council for discussion at the
next available work session, public hearing and final action. Attached is the
FRDO staff report and relevant application materials. If you have further
questions, feel free to call this Commission or John Parsons at the FRDO.
RespectfullY submitted,
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
Pamela J. B. Ken dy
Chairperson Pro Tem
PJBK/JJP/eo
Attachments: FRDO Staff Report KZC-93-3
Application Materials
Letters: Lantis Enterprises, Inc. (11/3/93)
Wilson Higgs, M.D. (1/6/94)
Immanuel Lutheran Home (1/7/94)
F:\FRDO\TRANSMIT\KZC93-3.LTR
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