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03. Ordinance 1225 - 1st Reading - Hinzman Zone ChangeFlathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 April 17, 1995 Bruce Williams, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 Re: Hinzman Zone Change - RA-1 to B-4 Dear Bruce: Phone: (406) 758-5780 Fax: (406) 758-5781 The Kalispell City -County Planning Board and Zoning Commission met on April 11, 1995 and held a public hearing on the following agenda item: A request by Randy Hinv.ma E for a zone change from RA-2 (High Density Residential Apartment) to B-4 (Central Business) on property described as the east 82 feet of Lots 7 and 8, Block 48, Original Townsite Kalispell, in the NE4 of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The address is 239 2nd Street West. The property is located on the north side of 2nd Street West approximately 70 feet east of 3rd Avenue West. 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-95-02 as findings of fact and unanimously recommended that the zone change from RA-2, High Density Residential Apartment to B-4 Central Business be approved. This recommendation is forwarded to City Council for final determination on the petition for a zone change. Council needs to wait for the minutes of the Planning Board meeting prior to taking final action, however this does not preclude discussion at the Council workshop. Please contact this Commission or the FRDO if you have any questions. Respectfully submitted, KALISPELL CITY -COUNTY ., PLANNING BOARD AND ZONING COMMISSION Therese Fox Hash President TFH/JJP/eo Attachments: FRDO Report #KZC-95-02 Application Materials c w/o Att: Randy Hinzman TRANS MIT\KZC-95-02.REC Providing Community Planning Assistance To: * Flathead County * City of Columbia Falls * City of Kalispell * City of Whitefish HINZMAN ZONE CHANGE REQUEST CITY OF KALISPELL FRDO STAFF REPORT #KZC-95-02 MARCH 31, 1965 Randy Hinzman has petitioned to amend the Official Zoning Map of the City of Kalispell. The property subject to the request is currently zoned RA-2. The request is to change the zoning to B-4 (Central Business). The zone change request is subject to a public hearing before the Kalispell City -County Planning Board and Zoning Commission on April 11,1995. The recommendation from that body will be forwarded to the Kalispell City Council for final action. The B-4 Central Business zoning classification is defined by the Kalispell Zoning Ordinance as: A business district to set apart that portion of the city which forms the center for financial, commercial, governmental, professional and cultural activities. This district is not intended for general application throughout the planning area. BACKGROUND INFORMATION PETITIONER: Randy Hinzman 231 White Pine Road Kalispell, MT 59901 LOCATION: The subject property is located at 239-2nd Street West in Kalispell which is approximately 70 feet west of 3rd Avenue West on the north side of 2nd Street West. The property is approximately 8,200 square feet in size and fronts directly off 2nd Street and has access to the alley. The property is described as the East 82 feet of Lots 7 & 8, Block 48, Original Townsite of Kalispell. EXISTING ZONING AND LAND USE: The subject property is currently zoned RA-2. Properties to the north and west are zoned RA-2 and have residences, to the east and south is zoned B-4 and have businesses on them. EVALUATION BASED ON STATUTORY CRITERIA The statutory procedure for evaluating zone changes is set forth by 76-2-303, M.C.A. Findings of Fact for the zone change request are discussed relative to the criteria described by 76-2-304, M.C.A. De�eg The Requested Zone Comaly 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 "Commercial". Therefore, the proposed B-4 zoning classification is In conformance with the Master Plan. Will The Requested Zone Secure Safety From Fire, Panic And Other Dangers? Development within the B-4 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, and mechanical 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 commercial is anticipated In this general location as stated in the master plan. 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 does support the requested zone change. The commercial use would not Intrude on the health or general welfare of this particular neighborhood. The surrounding uses are considered 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. Wili 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. 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 B-4 zoning designation anticipate a certain concentration of people and should not create a undue hardship on the neighborhood. The B-4 zone is designed to be utilized for the Central Business District. As such this zone, at this location, with access to 2nd Street West and the alley Is designed to lessen congestion. Any additional demands for transportation, water or sewer collection as a result of development or redevelopment of the property would be evaluated pursuant to individual development proposals adequate services exist In the area. Because the zoning, Is nonresidential schools and parks should not be impacted. 2 Does The Requested Zone Give Consideration To The Particular Suitability Of The Property For Particular Uses? This property is a minor expansion of the B-4 zone and is particularly well suited for this change because of the types of uses permitted in this zone and the location of the request along a Collector street adjacent to existing B-4. 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 district. The district is designed for downtown commercial, to the east and south is zoned the same. The requested zone change is not out of character with the surrounding city. Would The Proposed Zoning Conserve The Value Of The Buildings? The existing use on the property would be redeveloped into a commercial use. The value of the building should not be negatively impacted because generally commercial buildings would be more valuable than residential. A change to the B-4 zone will not significantly impact, erode, or devalue the neighborhood beyond the type of uses that are currently allowed or that exist in the area. 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 map specifically identifies this location for commercial uses. The neighborhood consists of commercial uses and residential uses. The proposed zone change would be the most appropriate use of the land. The Kalispell City -County Master Plan designated this general area as Commercial. The Master Plan anticipates the uses in this neighborhood. The surrounding uses are considered compatible with the proposed B-4 zoning designation. It is recommended that the Kalispell City -County Planning Board and Zoning Commission adopt FRDO staff report # KZC-95-02 as findings of fact and forward a recommendation to approve the requested zone change. ...KZC95-02.B-4 3