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07. Ordinance 1262 - Gardner Auction Zone Change - 1st ReadingAgenda -May 5, 1997 AGENDA ITEM 7 - ORDINANCE 1262-GARDNER AUCTION ZONE CHANGE -1ST READING BACKGROUND/CONSIDERATION: At the last council meeting, we approved the Master Plan Amendment for the Gardner Auction property. This is the follow-up for the change in zoning from RA-1 to I-1. As you may recall, this is action initiated by the Council/Staff to accommodate the continual use of Gardner Auction property and to make the zoning compatible to existing uses. We have put in a new copy that has the changes that were suggested at the work session. RECOMMENDATION: Approval of the zone change is recommended by the Planning and Zoning Commission. I concur with that recommendation. ACTION REQUIRED: APPROVAL of Ordinance 1262 is required to process this zone change. ORDINANCE NO._12.52 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY REZONING PROPERTY OWNED BY GARDNER AUCTION SERVICE, FLATHEAD COUNTY, MONTANA, (PREVIOUSLY ZONED RA-1, A RESIDENTIAL APARTMENT DISTRICT), TO I-1, A LIGHT INDUSTRIAL DISTRICT, IN ACCORDANCE WITH THE CITY - COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Gardner Auction Service, the owner of property more particularly described as Assessor's Tract 1AA and Lots 1 and 2 of Guest Addition located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be changed to I-1, a Light Industrial District, under the City of Kalispell Zoning Ordinance, and WHEREAS, said property exists as property surrounded to the North by R-1 classification; to the East by I-1 classification; to the South by P-1 classification; and to the West by P-1 classification, and WHEREAS, the petition of Gardner Auction Service was the subject of a report compiled by the Flathead Regional Development Office, #KMPA-97-2, dated March 5, 1997, in which the Flathead Regional Development Office evaluated the petition and recommended that the master plan be amended for the property as described above from High Density Residential to Light Industrial and rezone the property from RA-1 to I-1, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission issued a report recommending said property be rezoned as I-1, Light Industrial, and WHEREAS, after considering all the evidence submitted on the proposal to zone said property I-1, Light Industrial, 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 Comma ate; o�rs_,_E_tc. 590 P2d 6a2� j\wp\ord\gardner 1 Roes _the_ Requested_Zone__Comply__with the--Master-Plan? The property proposed for industrial rezoning is consistent with the goals and policies of the master plan as they relate to the location of light industrial. Is_theRequest_e_d__Zone-Design.ed__.. o_Lies_sen_Congestion_.in_..the___Streets? Rezoning the proposed property to a light industrial designation would not alter the current traffic impact because the use is already in existence. Will the- _.Requested__Zone__Secure _S.afet_y__from._Fire_,__.Panic___and__Other Dan-ge rs_? The proposed amendment appears to be in an area that is easily served by the police and fire protection agencies because of its good access and close proximity to services. Wit.l-the-Requested- one..P-r-omo-te_the_Health_and__Oeneral Welfare? It appears that the light industrial designation would promote the general health and welfare of the community by providing the opportunity for industrial development in an area which has been master planned for this use. Setback, height, and coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided. The properties to the south are currently developed with regard to buildings, parking and accessory structures. Adequate infrastructure exists in the area to accommodate future development of the property to the south. Will the Requested Zone Avoid Undue.sonc-entra_tion-of--Pe-o-pl-e? The change in designation of this property from high density residential to industrial may have the potential to decrease the concentration of people because most industrial sites are oriented j\wp\ord\gardner 2 toward warehousing and light manufacturing which generally generate less traffic than apartment buildings. Will __the__Request.ed___Zone__Facilita_te-__the__Adequate____Provision_-of Txanspo-rtat.oni—_Water_,__Se-wexage�_Schools., __.Parks_ and -- Other- Public Requirements? All public services and facilities are currently available to the property and this change should not have a significant impact on those services. Doe-s__the __Requested __Zone__Give.._ Consideration_ _to__ the___P_art_i_cular &uitability Qf_ the__-Pr_ope.rty—for`Par_ti cular__Uses? This change gives reasonable consideration to the proposed uses because most of this property has already been developed and it is unlikely that an adaptive reuse of the existing buildings would be anticipated. Doers _the—Requ.ested_Zone Give -Reasonable__ Cons _idera_t_ion___ -to---the Chara_cte�__of. the_District2 The general character of the area is industrial to the east and public and residential to the west. This change appears to give reasonable consideration to the character of the area to the east. It does not however, give reasonable consideration to the public and residential area to the west nor the south unless appropriately buffered as required by Section 27.22.050(2), Greenbelts, of the Kalispell Zoning Ordinance. Mew- • • • - . • 4 - • - - -I WrZWOMWI-11 The value of the existing buildings on the southern portion of the property will be conserved. A substantial investment has been made in the existing buildings and the current master plan designation and zoning makes its not conducive to the adaptive reuse or rehabilitation of the structures. 12660�vttw-. - -• MoreTeUMME, rMil MEWuPM 0111001COOMM111- - • - The master plan amendment and zone change encourages the most appropriate use of land throughout the jurisdiction by providing j\wp\ord\gardner 3 opportunities for industrial development near an area designated in the master plan for this type of use. The proposed zoning is consistent with the master plan and surrounding zoning in the area. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: S_ECTISZI3._._1_z 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 Assessor's Tract 1AA and Lots 1 and 2 of Guest Addition located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, as I-1, Light Industrial. SEC-TIO 3 -1I_- 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. SECTI_Off III. This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval by the Mayor and the property is appropriately buffered as required by Section 27.22.050(2), Greenbelts, of the Kalispell Zoning Ordinance. Proof of such buffering shall be certified by the City Manager prior to the zoning change becoming effective. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL THIS DAY OF ,1997. Douglas D. Rauthe, Mayor ATTEST: Debbie Gifford, CMC Clerk of Council j\wp\ord\gardner 4