03. Ordinance 1206 - Yachachek Zone Change - 1st ReadingORDINANCE NO. 1206
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING A
TRACT OF LAND LOCATED IN THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP
28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA,
(PREVIOUSLY ZONED B-2, GENERAL BUSINESS), I-1, LIGHT INDUSTRIAL, IN
ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN
EFFECTIVE DATE.
WHEREAS, Ken Yachechak, the owner's representative of a tract
of land on approximately 0.8 acres located nearly 400 feet south of
U.S. Highway 2, east of Meridian Road, more particularly described
as Lot 2 of the Amended Subdivision of a portion of Walter Addition
#40, in the SW4 of Section 7, T28N, R21W, P.M.M., Flathead County,
Montana, petitioned the City of Kalispell that the zoning
classification attached to the above described tract of land be
changed to I-1, Light Industrial, and
WHEREAS, Lot 2 of the Amended Subdivision of a portion of
Walter Addition #40, in the SW4 of Section 7, T28N, R21W, P.M.M.,
Flathead County, Montana, exists as a tract of land surrounded to
the north, south and west by B-2, General Business zoning
classification and to the east by an I-1 Light Industrial zoning
classification, and
WHEREAS, the petition of Ken Yachechak was the subject of a
` report compiled by the Flathead Regional Development Office, #KZC-
`' 94-1, dated February 15, 1994, in which the Flathead Regional
Development Office evaluated the petition and recommended that lot
2 of the Amended Subdivision of a portion of Walter Addition #40,
in the SW4 of Section 7, T28N, R21W, P.M.M., Flathead County,
Montana, be rezoned I-1, Light Industrial, as requested by the
petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report that Lot 2 of the Amended Subdivision of
a portion of Walter Addition #40, in the SW4 of Section 7, T28N,
R21W, P.M.M., Flathead County, Montana, be zoned I-1, Light
Industrial, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone Lot 2 of the Amended Subdivision of a portion of
Walter Addition #40, in the SW4 of Section 7, T28N, R21W, P.M.M.,
Flathead County, Montana, I-1, Light Industrial, the City Council
makes the following based upon the criterion set forth in Section
76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners,
Etc. 590 P2d 602:
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Does The Requested Zone Comply 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 "Light
Industrial". Therefore, the proposed I-1 Zoning
Classification is in conformance with the Master Plan.
Will The Requested Zone Secure Safety From Fire. Panic
And Other Dangers?
Development within the I-1 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 City 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.
In addition, the light industrial activity is anticipated
in this general location as stated in the master plan.
Will The Requested Zone 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 does support the requested zone change. The light
industrial use would not intrude on the health or general
welfare of this particular neighborhood. The surrounding
uses are compatible with the proposed zoning
classification.
Will The Requested Zone Provide For Adequate Light And
Air?
The parking, landscaping and clear vision setback
requirements of the zoning ordinance should ensure that
light and air are adequately provided.
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. Adequate infrastructure is in place to
accommodate the land uses allowed in the requested zone.
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Will The Requested Zone Avoid Undue Concentration Of
People?
Concentration of people is a function of land use.
Commercial re -development will certainly occur on this
site if the zone change is approved. The uses associated
with the I-1 zoning designation anticipate a certain
concentration of people and should not create an undue
hardship on the neighborhood.
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 the zoning, both existing
and proposed, is nonresidential, schools and parks should
not be impacted.
Does The Requested Zone Give Consideration To The
Particular Suitability Of The Property For Particular
Uses?
The Meridian Car Wash currently occupies the site and
this is a permitted use under the proposed I-1 zoning.
The vacant portion of this property has access to
Meridian Road and City services.
Does The Requested Zoning Give Reasonable Consideration
To The Character Of This District?
The property under consideration in this proposal fits
the character of the neighborhood. The rear of the
Buttrey store adjoins this north side of this property,
to the east lies Kalispell Lumber, to the south lies a
bar and Weissmans, and to the west lies a real estate
office. The car wash, however, is between the vacant
property and the office. The surrounding neighborhood is
light industrial in nature and is acquainted with the
impacts of industrial uses. The requested zone change is
not out of character with the surrounding city scape.
Would The Proposed Zoning Conserve The Value Of The
Buildings?
The one existing use located on the property is permitted
in the B-2 and the I-1. Therefore, the value of the
buildings should not be impacted in either case.
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Will The Requested Zone Change Encourage The Most
Appropriate Use Of The Land Throughout The Jurisdiction?
The requested zoning classification is consistent with
the Kalispell City -County Master Plan. The Plan
specifically identifies this area for light industrial
uses. The neighborhood consists of intensive commercial
uses and light industrial uses. The proposed zone change
would be 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 Lot 2 of the Amended
Subdivision of a portion of Walter Addition #40, in the
SW4 of Section 7, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana, as I-1, Light
Industrial.
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 AND MAYOR OF THE CITY OF
KALISPELL THIS DAY OF , 1994.
ATTEST:
Amy H. Robertson
Finance Director
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Douglas D. Rauthe, Mayor
VAR 2 1 1994
Flathead Regional Development Offlee
723 5th Avenue East - Room 414
March 9, 1994 Kalispell, Montana 59901
Phone: (406) 758-5780
Bruce Williams, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Re: Yachechak Zone Change - B-2 to I-1
Dear Bruce:
The Kalispell City -County Planning Board and Zoning Commission met on March 9,
1994 and held a public hearing on the following agenda item:
A request by Ken Yachechak for a zone change from B-2 (General Business)
to I-1 (Light Industrial) on approximately 0.8 acres located nearly 400 feet
south of US Highway 2, east of Meridian Road, more particularly described
as Lot 2 of the Amended Subdivision of a portion of Walter Addition #40, in
the SW4 of Section 7, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana.
The staff report was presented by John Parsons of the Flathead Regional
Development Office. The applicant spoke in favor of the requested zone change.
There was no opposition.
The Zoning Commission adopted FRDO Report #KZC-94-1 as findings of fact and
unanimously recommended that the zone change from B-2, General Business to I-1,
Light Industrial be approved. This recommendation is forwarded to City Council
for final determination on the petition for a zone change.
Please contact this Commission or the FRDO if you have any questions.
Respectfully submitted,
KALI PELL CITY-COUN`1yT�Y PLANNING BOARD AND ZONING COMMISSION
Therese Fox flash
President
TFH/JJP/eo
Attachments: FRDO Report #KZC-94-1
Application Materials
c w/o Att: Ken Yachechak et al
27 2nd St East
Kalispell, MT 59901
TRANS MIT\KZC-94-l.REC
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell 9 City of Whitefish •
YACHECHAK ZONE CHANGE REQUEST
CITY OF KALISIPELL
FR®O STAFF REPORT #KZC-94.1
February 15, 1994
Ken Yachechak has petitioned to amend the Official Zoning Map of the City of Kalispell. The
property subject to the request is currently zoned B-2, Neighborhood Business. The request
is to change the zoning to I-1, light Industrial. The zone change request is subject to a
public hearing before the Kalispell City -County Planning Board and Zoning Commission on
March 8, 1993. The recommendation from that body will be forwarded to the Kalispell City
Council for final action.
IUA41IL41*4 1 ,;.
An 1-1 Light Industrial zoning classification is defined by the Kalispell Zoning Ordinance as:
An industrial district to provide areas for those light industrial uses that
typically do not create objectionable characteristics (such as dirt, noise, glare,
heat, odor, smoke, etc.) which extend beyond the lot lines. Such light
industrial uses would include light manufacturing, processing, fabrication,
and assembling of products or materials, warehousing and storage and
transportation facilities. This district is also intend to accommodate various
adult -type uses that may otherwise infringe or negatively influence the
residential or commercial character of other zoning districts.
j This district depends on the proximity to major streets and arterials. This district
should be located in business corridors or in islands.
PETITIONER:
Ken Yachechak et al.
27 2nd St East
Kalispell, MT 59901
257-5533
Robert E. and Karl L. Cole
LOCATION:
The subject property is located at 173 North Meridian Road in Kalispell and generally lies
behind the Buttrey supermarket and includes the car wash and the vacant land to the east.
The property is 0.78 acres in size and has access directly off Meridian Road. A legal
description is attached.
environmental or service limitations of the property. Adequate infrastructure is in place
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. Commercial re -development will
certainly occur on this site if the zone change is approved. The uses associated with the
I-1 zoning designation anticipate a certain concentration of people and should not create
a undue hardship on the neighborhood.
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 the zoning, both existing and
proposed, is nonresidential, schools and parks should not be impacted.
Does The Requested Zone Give Consideration To The Particular Suitability Of The Property
For Particular Uses?
The Meridian Car Wash currently occupies the site and this is a permitted use under the
proposed 1-1 zoning. The vacant portion of this property has access to Meridian Road and
city services.
Does The Requested Zoning Give Reasonable Consideration To The Character Of This District?
The property under consideration in this proposal fits the character of the neighborhood.
i° The rear of the Buttrey store adjoins this north side of this property, to the east lies
Kalispell Lumber, to the south lies a bar and Welssmans, and to the west lies a realestate
office. The car wash, however, is between the vacant property and the office. The
surrounding neighborhood is light industrial in nature and is acquainted with the impacts
of industrial uses. The requested zone change is not out of character with the surrounding
city scape.
Would The Proposed Zoning Conserve The Value Of The Buildings?
The one existing use located on the property is permitted in the B-2 and the I-1. Therefore,
the value of the buildings should not be impacted in either case.
Will The Requested Zone Change Encourage The Most Appropriate Use Of The Land
Throughout The Jurisdiction?
The requested zoning classification is consistent with the Kalispell City -County Master Plan.
The Plan specifically identifies this area for light industrial uses. The neighborhood consists
of intensive commercial uses and light industrial uses. The proposed zone change would
be the most appropriate use of the land.
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The Kalispell City -County Master Plan designated this general area as light Industrial. The
Master Plan anticipates industrial uses in this neighborhood. The surrounding uses are
compatible with the proposed I-1 zoning designation. The existing use on the property In
question is permitted in the 1-1 zone.
it is recommended that the Kalispell City -County Planning Board and Zoning Commission
adopt FRDO staff report { KZC-94-1 as findings of fact and forward a recommendation to
approve the requested zone change.
FA FRDO\REPORTS\KALISPELL\KZC94-1.RPT
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