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.
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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 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.
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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 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.
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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.
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