05. Ordinance 1237 - Collier Zone Change - 1st ReadingORDINANCE NO. 1237
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
PROPERTY KNOWN AS LOTS 6 AND 7, BLOCK 240 KALISPELL ADDITION NO. 6
LOCATED IN SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED R-3, RESIDENTIAL), B-31
COMMUNITY BUSINESS, IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN,
AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Gary Collier, the owner of property known as Lot 7,
Block 240 Kalispell Addition No. 6, and Shawn Little, the owner of
property known as Lot 6, Block 240 Kalispell Addition No. 6 located
in 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 B-3,
Community Business, and
WHEREAS, the property as described above exists as property
surrounded to the north by City R-3 classification, to the east by
City B-3 classification, to the south by City B-3 classification,
and to the west by R-3 classification, and
WHEREAS, the petition of Gary Collier was the subject of a
report compiled by the Flathead Regional Development Office, #KZC-
96-1, dated March 4, 1996, in which the Flathead Regional
Development Office evaluated the petition and recommended that the
property as described above be rezoned B-3, Community Business, as
requested by the petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report recommending the property as described
above be zoned B-3, Community Business, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described above B-3, Community
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 Kalispell City -County Master Plan map shows this as
an area of transition between commercial to the south and
high -density residential to the north. It is a logical
and predictable extension of the central business
district of Kalispell, which lies immediately south of
these properties. This zone change request is in
substantial compliance with the master plan for this
area.
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Is the Requested Zone Designed to Lessen Congestion in
the Streets?
These properties lie between First Avenue W. N. and
Second Avenue W. N. on the north side of Washington
Street, all paved City roads which currently function in
a relatively uncongested manner. Traffic coming to and
from this area would generally use Idaho Street (Highway
2 West) directly to the south or Main Street (Highway 93)
directly to the east. Some additional traffic can be
anticipated as a result. of the commercial use associated
with these properties, however, it appears that the
existing roads are adequate to accommodate the additional
use.
Will the Requested Zone Secure Safety from Fire, Panic
and Other Dangers?
It appears there is little risk from fire or other
dangers which could be associated with this site. It is
in a core urban area of Kalispell with fire and police
services within one mile. Direct access can be provided
from the major highway and local street. The topography
of the site is free of obvious environmental constraints.
No significant impacts could be anticipated with regard
to safety hazards, fire or other emergency situations.
Will the Requested Zone Change Promote the Health and
General Welfare?
The general health and welfare of the community may be
served by rezoning this property because there is good
access to the site from major roads within or near the
core commercial area. Additionally, expanding the
business zoning along the fringes of the commercial core
reduces strip development which occurs primarily along
the highways.
Will the
Air?
ested Zone
)vide for Adequate Light and
Setbacks, parking requirements and height limitation in
commercial districts set out in the zoning ordinance
provides development standards which are intended to
prevent the overdevelopment of properties. The existing
structure meets the setback requirements of the district
as well as the height limits. Adequate light and air
will be provided in this proposed zone.
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Will the Requested Zone'Prevent the Overcrowding of Land
or Undue Concentration of People?
The minimum lot size for the proposed B-3 zoning on this
property is 7,000 square feet. Both lots proposed for
rezoning are approximately 7,500 square feet each.
Development of these parcels will be generally limited to
that which can be accommodated on the property with
regard to parking, lot coverage and setbacks. When these
properties are developed, it would be anticipated that
they will meet these standards thus preventing the
overcrowding of land.
Will the Requested Zone Facilitate the Adequate Provision
of Transportation, Water, Sewerage, Schools, Parks, and
Other Public Requirements?
All of the necessary public facilities which would be
required for the development of these properties are
already in place. City water and sewer are adequate to
accommodate future development. Roadways serving the
properties are paved, well -maintained roads which can
provide good access. Police and fire protection are
nearby. Adequate infrastructure exists to accommodate
future development of these properties.
` Does the Requested Zone Give Consideration to the
Particular Suitability of the Property for Particular
Uses?
This zoning appears to be suited to this property because
of its proximity to Idaho Street, one block to the south.
Allowing this rezoning would expand the commercial area
away from the current strip development along Idaho.
Currently, there is heavy commercial development to the
south with an immediate transition into a single-family
residential neighborhood. It appears that this
additional commercial zoning will provide a logical
buffer between the two uses.
Does the Requested Zone Give Reasonable Consideration to
the Character of the District?
The character of the area is a mix of commercial and
residential in the area. Single family residences and
some multi -family homes lie directly to the north. This
area is exclusively residential and is an established
neighborhood. To the south and to the east are
businesses within the business zoning district and some
residences. It appears that this property can serve as
a transition between the business uses to the south and
the residential uses to the north.
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Will the Proposed Zone Conserve the Value of Buildings?
It does not appear that rezoning this property to
commercial would have an adverse impact on the value of
buildings in the area because the uses would be limited
to those permitted in the zone. Additionally, new
structures or additions would be required to be
constructed to commercial building standards, thereby
insuring an acceptable level of structural integrity.
Will the Requested Zone Encourage the Most Appro riate
Use of the Land Throughout the Jurisdiction?
One of the most difficult land use issues which confront
development in the Kalispell area is the amount of strip
development which has taken place and still persists. By
expanding the commercial boundaries beyond the major
arterial, which lie one block to the south and east,
strip development is reduced. This rezoning appears to
provide a reasonable and logical transition between the
commercial development to the south and east and the
strictly residential development to the north.
Additionally, full public services are available to serve
the property including roads, water, sewer, police and
fire.
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 known as Lots
6 and 7, Block 240 Kalispell Addition No. 6 located in
Section 7, T28N, R21W, P.M.M., Flathead County, Montana,
as B-3, Community 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
(30) days from and after the
and approval by the Mayor.
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shall be effective thirty
date of its final passage
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL THIS DAY OF , 1996.
ATTEST:
Debbie Gifford, CMC
Clerk of Council
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Douglas D. Rauthe, Mayor
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
March 21, 1996
Al Thelen, Interim City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Re: Gary Collier Zone Change Request, R-3 to B-3
Dear Al:
Phone: (406) 758-5980
Fax: (406) 758-5781
The Kalispell City -County Planning Board and Zoning Commission held a public hearing at their
regular meeting of March 12, 1996 at 7:00 p.m. in Kalispell City Council Chambers on the
following agenda item:
A request by Gary Collier for a zone change from R-3, a Residential district, to
B-3, a Community Business district. The property being proposed for rezoning
is located on the north side of Washington Street between First Avenue W.N. and
Second Avenue W.N. in Kalispell and contains approximately 14,000 square feet.
A staff report was presented by Narda Wilson of the Flathead Regional Development Office.
The applicant spoke in favor of the proposal. A property owner in the area expressed concerns
about access and property values. No other member of the public spoke. The property owner
to the east whose property was included in the zone change request wrote in favor of the
proposal. Two letters of opposition were received from property owners in the area citing
parking and sidewalks.
There was discussion among the Board regarding assessing the need for stop signs and sidewalks
in the area of West Washington. The Board requested a letter be sent to the City Council
regarding sidewalks and stop signs in the area.
The Planning Board adopted FRDO Report #KZC-96-01 as findings of fact, and unanimously
recommended that the zone change from R-3 to B-3 be approved. This recommendation is
forwarded to City Council for the March 25, 1996 work session and subsequent April 1, 1996
regular City Council meeting for final action on the zone change request.
Please contact this Commission or Narda Wilson at the Flathead Regional Development Office
if you have any questions.
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Al Thelen, Interim City Manager
City of Kalispell
Re: Gary Collier Zone Change Request, R-3 to B-3
March 21, 1996
Respectfully submitted,
KALI PELL CI COTJNTY PLANNING BOARD AND ZONING COMMISSION
Therese Fox Hash
President
TFH/NW/dh
Attachments: FRDO Report #KZC-96-01
Application Materials
Minutes from the 3/12/96 Planning Board meeting
Y._. c: Gary Collier, 1533 Montana 35, Kalispell, MT 59901
Shawn Little, 362 lst Avenue W.N., Kalispell, MT 59901
Carver Engineering, 1995 Third Avenue East, Kalispell, MT 59901
H: \ ... \ 1996\KZC96-01. TRM
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
MINUTES OF MEETING
MARCH 12, 1996
CALL TO ORDER The regularly scheduled meeting of the Kalispell City -County
AND ROLL CALL Planning Board and Zoning Commission was called to order at 7:05
p.m. by Vice -Chair Pam Kennedy. Board members present were
Walter Bahr, Milt Carlson, Robert Sanders, Joe Brenneman, Jean
Johnson, and Pam Kennedy. Therese Hash arrived at 7:08 p.m.
Absent members were Fred Hodgeboom and Mike Conner (both
excused). Narda Wilson, Planner II represented the Flathead
Regional Development Office. There were approximately 18 people
were in attendance.
APPROVAL OF The minutes of the meeting of February 13, 1996 were approved
MINUTES as submitted on a motion by Bahr, second by Carlson. All
members present voted aye.
OY;L'IER"ZON`19` The first public hearing was introduced on a request by Gary
_CHANGE / FROM Collier for a zone change from R-3, a Residential district, to B-3,
R-3 TO B-3 a Community Business district. The property being proposed for
rezoning is located on the north side of Washington Street
between First Avenue WN and Second Avenue WN in Kalispell and
contains approximately 14,000 square feet or 0.32 of an acre. This
property can be described as Lots 6 and 7, Block 240- of Kalispell
Addition 6 located in Section 7, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana.
Staff Report Wilson gave a detailed presentation of report #KZC-96-1. The
request was reviewed in accordance with the statutory criteria for
a zone change. Based on staff's evaluation, it was recommended
the requested zone change from R-3 to B-3 be granted.
Two letters in opposition were received after the mailing of the
r` packet, from nearby property owners. An additional objection was
received per the telephone from a woman who lives on Second
Avenue WN, expressing concern about the increase in traffic, and
felt the blind intersection warranted a STOP sign.
One letter in favor of the requested zone change was received
from the owner of Lot 6, which is included in the zone change
request.
Public Hearing President Hash opened the public hearing to those in favor of the
requested zone change.
In Favor Gary Collier, the applicant, spoke in favor of the zone change.
The people who live next door were concerned about parking. I
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agree there is a parking problem west of PTI. We will address
the off street parking by taking the garage out, and that should
provide 6-7 parking spaces, which should be more than enough
for the art studio.
No one else spoke in favor of the zone change. The public
hearing was opened to those opposed.
Opposition Beverly Mayberry, 380 ist Ave WN, expressed concerns about the
increased traffic on 1st Avenue WN. The alley that separates
these two lots is in horrible condition, and frequently there is a
cattle truck parked on the vacant lot next to this lot, as well as
a lot of equipment, tractor trailers, etc. that block the alley,
which is my access to my garage in the middle of the block.
Recently, we spend a lot of money renovating our property, and
we have concerns about what this will do to our property values.
We also have concerns about the effect on the area, since the
commercial zone change is for just two lots, on a residential block.
There being no further comment either in favor or in opposition,
the public hearing was closed and it was opened to Board
discussion.
Discussion Carlson asked about sidewalks.
Wilson responded that there are no sidewalks in the area, and
that is a problem. The applicant will be required to pave the
parking lot and the access portion of the alley when he applies
for a building permit for a commercial development. With regard
to the cattle truck, that should not be in a residential area.
Mr. Collier explained that the trucks belong to Jay Nordham, who
is a trucker and he is taking care of the place while Shawn Little
is gone. He indicated that he would convey the Board's concerns
regarding the equipment.
Collier interjected that the City asked Mr. Little to rezone his
property, as well, so it wouldn't be just 1/2 a block. Mr. Little
has no objection to being zoned B-3. He lives next to the vacant
lot. (Lot 5)
Kennedy felt it would be appropriate for the Planning Board to
recommend that City Council look at sidewalks in the area. The
area is void of sidewalks and the concerns of property owners in
the area should be addressed. The Council also needs to look at
high traffic areas and the lack of uncontrolled intersections, ie.
lack of STOP signs, which can be discussed under new business.
Wilson clarified that it was at the suggestion of the City Zoning
Administrator that this would be a more appropriate proposal by
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including Lot 6 in the requested zone change for Lot 7. The
property owner was amenable to that.
Motion Bahr moved to adopt FRDO staff report #KZC-96-1 as findings of
fact and forward a favorable recommendation to City Council for
the zone change request from R-3 Residential to B-3 Community
Business. Kennedy seconded. On a roll call vote Kennedy,
Johnson, Bahr, Sanders, Carlson, Brenneman, and Hash voted aye.
The motion carried on a 7-0 vote in favor of the zone change.
HALL The next item was a request by Dale Hall for a conditional use
CONDITIONAL permit to allow the construction of three additional dwellings onto
USE PERMIT / an existing four unit apartment building resulting in a total of a
APARTMENT seven unit apartment building. This project would be in the RA-1,
EXPANSION Low Density Residential Apartment, zoning district as provided for
under Section 27.09.030(11) of the City of Kalispell Zoning
Ordinance. The proposed apartment building expansion would be
on property located at 715 Liberty Street in Kalispell, Montana
located at the end of Liberty Street on the north side of the
road. This property is in the City of Kalispell and contains
approximately 21,120 square feet. It can be further described as
Lot 5 of Liberty Village in Section 12, Township 28 North, Range
22 West, P.M.M., Flathead County, Montana.
Staff Report Wilson gave a detailed presentation of report #KCU-96-1. Based
on the evaluation of the request, staff recommended the
conditional use permit be granted subject to eight (8) conditions
set forth in the report. Condition #6 was modified to state that
the "Landscaping ... perimeter of the property, in accordance with
the Kalispell Zonina, Ordinance".
Carlson asked staff how this development related to the Planned
Unit Development approved northeast of this proposal, and how it
would effect the integrity of the neighborhood? Wilson said she
would research the status of the PUD. Preliminary plat may have
expired on that.
Public Hearing The public hearing was opened to those in favor.
In Favor Dale Hall, the applicant, spoke in favor and was available for
questions. He has no problem with the conditions of approval and
is working with the City and local engineers on the drainage
problem at the end of Liberty Street.
No one else spoke either in favor or in opposition to the proposal.
The public hearing was closed and it was opened to Board
discussion.
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Discussion Landscaping, snow removal and handicapped parking were
discussed. Mr. Hall had no problem with providing handicapped
parking. The drainage problem is being addressed
Motion Kennedy moved to adopt staff report #KCU-96-1 as findings of
fact, and recommend to City Council that the conditional use
permit be granted to Dale Hall subject to the eight (8) conditions
as modified by discussion. Johnson seconded. On a roll call vote
Brenneman, Bahr, Johnson, Kennedy, Carlson, Sanders and Hash
voted aye. The motion carried unanimously in favor.
TRIANGLE Hash introduced the next request by Triangle Development for
DEVELOPMENT / annexation and a City zoning designation of RA-31 a Residential/
ANNEXATION & Apartment Office district. The property being proposed for
ZONE CHANGE / annexation is located on the west side of Whitefish Stage Road,
RA-1 (COUNTY) approximately 800 feet south of West Evergreen Drive and
TO RA-3 (CITY) containing approximately 2.7 acres. This property can be
described as Assessor's Tract 1B located in Section 69 Township
28 North, Range 21 West, P.M.M., Flathead County, Montana.
Staff Report Wilson reported that the request for annexation and zone change
upon annexation is tied in with the request for preliminary plat
approval for an eight -unit office/condominium project.
Staff proceeded to give a detailed presentation of report #KA-96-1.
The request was evaluated in accordance with the statutory
criteria for a change in zoning. Based on staff's review of the
request for a RA-3 zone, an alternative of R-5 was recommended
which would allow professional offices and would be more
consistent with the intent of the district. Additionally,it would
eliminate the need for a variance to the rear yard setback
requirement for the preliminary plat. Staff recommended a zone
change from County RA-1 to City R-5 for the property, upon
annexation.
Wilson asked if she should give the presentation on the plat,
because the two proposals are so intricately tied together, it is
difficult to look at the zoning, make a decision, and then look at
the plat.
w: flash did not think that was a good idea. Being on the Board for
some time, we have unfortunately have had the ill result of doing
r just that, and it turns out that after the zone is changed, the
project doesn't happen.
Kennedy concurred that we need to look at the zoning completely
separate from the preliminary plat. She asked staff if she had
discussed the R-5 recommendation with the developer.
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GARY COLLIER:! TO ,
CITY OF
Ds STAFF REPORT _,.
MARCH 4, }6
This is a report to the Kalispell City -County Planning Board and Zoning Commission and the
Kalispell City Council regarding a zone change request from R-3, Residential, to B-3,
Community Business. A public hearing has been scheduled for March 12, 1996 at 7:00 p.m.
in Kalispell City Council Chambers. A recommendation from the Planning Board will be
forwarded to the Kalispell City Council for final action.
BACKGROUND INFORMATION
The applicant is proposing to amend the Kalispell zoning map on two parcels containing a total
of approximately 15,000 square feet from the existing R-3, a Residential district, to B-3, a
Community Business district.
A. Petitioner.and Owners: Gary Collier (petitioner and owner Lot 7)
1533 Montana 35
Kalispell, MT 59901
(406)7524231
Shawn Little (owner Lot 6)
Y 362 lst Avenue W.N.
Kalispell, MT 59901
B. Location and Legal Description of Property:
The site is located on the north side of Washington Street West between First Avenue
W.N. and Second Avenue W.N. in Kalispell. The property can described as Lots 6 and
7, Bock 240 Kalispell Addition No. 6 located in Section 7, Township 28 North, Range
21 West, P.M.M., Flathead County.
B. Existing Zoning:
Currently this property is zoned R-3, a residential district which allows primarily single
family homes and has a minimum lot size requirement of 7,000 square feet. This district
is intended for urban residential development where all public utilities and services are
present.
C. Nature of Request and Proposed Zoning:
The applicant is proposing rezoning two parcels from single family residential to a
business district in order to convert an existing residence to a specialty retail store (art
studio) and have an accessory apartment which will be used as a full time residence.
Proposed zoning is B-3, a Community Business District, intended to provide areas for
community shopping and retail services which does not allow outside sales or display.
Minimum lot size for this district is 7,000 square feet. There are a broad range of uses
allowed in this district. The proposed retail use would be a permitted use in the district.
The proposed accessory apartment would require a conditional use permit to be granted.
D. Size: The area proposed for rezoning is comprised of two small lots which have a
combined square footage of 15,000 square feet or 0.344 or an acre. Each of the lots are
a standard city size lot of 50 feet by 150 feet or 7,500 square feet. These lots meet the
minimum lot size requirements for the B-3 district.
E. Existing Land Use: Lot 6 is currently vacant and is used for some incidental parking
for Lot 5 to the north. A residence is currently located on Lot 7 which is in the process
of being expanded. A residential building permit has been issued for the expansion.
These plans will have to be modified to reflect the commercial use if this zone change
is approved. Additionally, if an accessory apartment is intended to be used in
conjunction with the business, a conditional use will be required. Primary access to the
property appears to be provided from the alley between Lots 6 and 7.
F. Adjacent Land Uses and Zoning:
North:
Single family residential uses, R-3 zoning;
East:
Single family residential uses, B-3 zoning;
South:
Mix of residential and commercial uses, B-3 zoning;
West:
Single-family residential uses, R-3 zoning.
G. General Land Use Character:
The general land use character of this area is transitional between the businesses along
Idaho exactly one block to the south and the older established neighborhoods to the north.
For example, a car wash and laundry are kitty comer to Lot 7. Residences are directly
across the street from Lot 6 and directly south of that is the core business area for
Kalispell along Idaho.
G. Utilities and Public Services:
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell
Electricity:
Pacific Power and Light
Telephone:
PTI service area
Schools:
School District #5
Fire:
Kalispell Fire Department
Police:
Kalispell Police Department
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H. Relation to Zoning Requirements:
With regard to lot size, both of these parcels meet the minimum lot size requirements for
the proposed B-3 zoning district. Front, rear and side yard setbacks are the same for B-3
and for R-3: 20 in the front and rear, five on the side. Side comer setbacks are 15 in
the B-3 and 20 in the R-3. Development standards do not appear to pose a problem.
Parking for the proposed uses appears to be able to be met on -site. Review of the
parking, setbacks and landscaping will take place at the time of development.
REACTION OF NEARBY PROPERTY OWNERS
A notice of public hearing was mailed to property owners within 150 feet of the subject property
approximately 15 days prior to the hearing. At the writing of the staff report, one objection was
received because of the potential increase in traffic.
EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Findings
of fact for the zone change request are discussed relative to the itemized criteria described by
76-2-203, M.C.A.
1. Does the requested zone comply with the Master Plan?
The Kalispell City -County Master Plan map shows this as an area of transition between
commercial to the south and high -density residential to the north. It is a logical and
-- predictable extension of the central business district of Kalispell, which lies immediately
south of these properties. This zone change request is in substantial compliance with the
master plan for this area.
2. Is the requested zone designed to lessen congestion in the streets?
These properties lie between First Avenue W.N. and Second Avenue W.N. on the north
side of Washington Street, all paved City roads which currently function in a relatively
uncongested manner. Traffic coming to and from this area would generally use Idaho
Street (Highway 2 West) directly to the south or Main Street (Highway 93) directly to
the east. Some additional traffic can be anticipated as a result of the commercial use
associated with these property, however, it appears that the existing roads are adequate
to accommodate the additional use.
3. Will the requested zone secure safety from fire, panic, and other dangers?
It appears there is little risk from fire or other dangers which could be associated with
this site. It is in a core urban area of Kalispell with fire and police services within one
mile. Direct access can be provided from the major highway and local street. The
topography of the site is free of obvious environmental constraints. No significant
impacts could be anticipated with regard to safety hazards, fire or other emergency
situations.
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4. Will the requested change promote the health and general welfare?
The general health and welfare of the community may be served by rezoning this
property because there is good access to the site from major roads within or near the core
commercial area. Additionally, expanding the business zoning along the fringes of the
commercial core reduces strip development which occurs primarily along the highways.
5. Will the requested zone provide for adequate light and air?
Setbacks, parking requirements and height limitation in commercial districts set out in
the zoning ordinance provides development standards which are intended to prevent the
overdevelopment of properties. The existing structure meets the setbacks requirements
of the district as well as the height limits. Adequate light and air will be provided in this
proposed zone.
6. Will the requested zone prevent the overcrowding of land or undue concentration of
people?
The minimum lot size for the proposed B-3 zoning on this property is 7,000 square feet.
Both lots proposed for rezoning are approximately 7,500 square feet each. Development
of these parcels will be generally limited to that which can be accommodated on the
property with regard to parking, lot coverage and setbacks. When these properties are
developed, it would be anticipated that they will meet these standards thus preventing the
overcrowding of land.
7. Will the requested zone facilitate the adequate provision of transportation, water.
sewerage, schools, parks, and other public requirements?
All of the necessary public facilities which would be required for the development of
these properties are already in place. City water and sewer are adequate to accommodate
future development. Roadways serving the properties are paved, well -maintained roads
which can provide good access. Police and fire protection are nearby. Adequate
infrastructure exists to accommodate future development of these properties.
8. Does the requested zone give consideration to the particular suitabilfty of the prop
for particular uses?
This zoning appears to be suited to this property because of its proximity to Idaho Street,
one block to the south. Allowing this rezoning would expand the commercial area away
from the current strip development along Idaho. Currently, there is heavy commercial
development to the south with an immediate transition into a single-family residential
neighborhood. It appears that this additional commercial zoning will provide a logical
buffer between the two uses.
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9. Does the requested zone give reasonable consideration to the character of the district?
The character of the area is a mix of commercial and residential in the area. Single
family residences and some multi -family homes lie directly to the north. This area is
exclusively residential and is an established neighborhood. To the south and to the east
are businesses within the business zoning district and some residences. It appears that
this property can serve as a transition between the business uses to the south and the
residential uses the north.
10. Will the proposed zone conserve the value of buildings?
It does not appear that rezoning this property to commercial would have an adverse
impact on the value of buildings in the area because the uses would be limited to those
permitted in the zone. Additionally, new structures or additions would be required to
be constructed to commercial building standards, thereby insuring an acceptable level of
structural integrity.
11. Will the requested zone encourage the most appropriate use of the land throughout the
jurisdiction?
One of the most difficult land use issues which confront development in the Kalispell
area is the amount of strip development which has taken place and still persists. By
expanding the commercial boundaries beyond the major arterial, which lie one block to
the south and east, strip development is reduced. This rezoning appears to provide a
reasonable and logical transition between the commercial development to the south and
east and the strictly residential development to the north. Additionally, full public
services are available to serve the property including roads, water, sewer, police and fire.
The Kalispell City -County Master Plan map shows these properties as a transitional area between
commercial and residential uses. The general character of the area is a mix of commercial and
residential uses, and it appears that this zone change would be consistent with existing
development. The lots proposed for rezoning are in compliance with the minimum lot size
requirement of the proposed business district. Development which has already occurred on Lot
7 substantially meets the development standards of the commercial district. Allowing the
existing commercial core to expand into neighboring areas limits the potential for further strip
development by providing areas for future development within established areas.
RECOMMENDATION
Staff recommends that the Kalispell City -County Planning Board and Zoning Commission adopt
FRDO staff report #KZC-96-1 as findings of fact and, based on these findings, recommend to
the Kalispell City Council that the requested zone change from R-3 to B-3 be granted.
H:\... REPORTS\KZC\96\KZC96-1.RPT
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