04. Ordinance 1225 - Hinzman Zone Change - 1st ReadingORDINANCE NO. 1225
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
PROPERTY LOCATED APPROXIMATELY 70 FEET WEST OF 3RD AVENUE WEST ON
THE NORTH SIDE OF 2ND STREET WEST (PREVIOUSLY ZONED RA-2, HIGH
DENSITY RESIDENTIAL APARTMENT), B-4, CENTRAL BUSINESS, IN
ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN
EFFECTIVE DATE.
WHEREAS, Randy Hinzman, the owner of property located
approximately 70 feet west of 3rd Avenue West on the north side of
2nd Street West, more particularly described as the East 82 feet of
Lots 7 & 8, Block 48, Original Townsite of Kalispell, Flathead
County, Montana, petitioned the City of Kalispell that the zoning
classification attached to the above described property be changed
to B-4, Central Business, and
WHEREAS, the property described above exists as property
surrounded to the north and west by RA-2 classification and east
and south by B-4 classification, and
WHEREAS, the petition of Randy Hinzman was the subject of a
report compiled by the Flathead Regional Development Office, #KCZ-
95-02, dated March 31, 1995, in which the Flathead Regional
Development Office evaluated the petition and recommended that the
property described above be rezoned B-4, Central Business, as
requested by the petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report making a recommendation that the
property described above be zoned B-4, Central Business, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property described above B-4, Central
Business; 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:
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
"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?
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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 Liaht 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.
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 an undue
hardship on the neighborhood.
K,
Is the Requested Zone Designed to Lessen Congestion in
the Street and Facilitate the Adequate Provision of
Transportation, Water, Sewer, Schools, Parks and Other
Public Requirements?
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.
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.
fi. 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
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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.
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 the property described as
the East 82 feet of Lots 7 & 8, Block 48, Original
Townsite Kalispell, in the NE4 of Section 18, T28N, R21W,
P.M.M., Flathead County, Montana, as B-4, Central
Business.
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 , 1995.
ATTEST:
Debbie Gifford, CMC
Clerk of Council
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Douglas D. Rauthe, Mayor
Flathead Regional Development Office
723 5th Avenue East - Roam 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 Hinzmai3 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
Therese Fox
Hash
President
TFH/JJP/eo
BOARD AND ZONING COMMISSION
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
CITY OF
-PRYT-37AFF
MARCH
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.
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.
The subject property Is within the Jurisdiction of the Kalispell City -County Faster 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.
VNIII The Requested Zone Secure Safety From Flre. Panic And Other Danvers?
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.
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.
Will The Requested Zane 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.
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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
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