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08. Ordinance 1237 - Collier Zone Change - 2nd 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-3, 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. 1 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 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 setback requirements of the district as well as the height limits. Adequate light and air will be provided in this proposed zone. Pq 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. 3 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 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. 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. 4 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. kLS'C-1 w Debbie Gifford, CMC Clerk of Council 5 Douglas D. Rauthe, Mayor MAR 2 5 u, Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5480 March 21, 19% Fax: (406) 758-5781 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: 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, 7KALFELL CrO 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 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