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09. Ordinance 1263 - Tackett Zone Change - 1st ReadingAgenda -June 16, 1997 AGENDA ITEM 9 - ORDINANCE 1263-TACKETT ZONE CHANGE -1ST READING BACKGROUND/CONSIDERATION: In conjunction with the annexation request, the zoning for the Tackett property was recommended by the Planning Board, with an unanimous vote, to initially be zoned as R-3 upon the completion of the annexation. RECOMMENDATION: I concur with the Planning Board's recommendation. Since we required the annexation of this property, we have caused the re -zoning request and need to complete the proper zoning. ACTION REQUIRED: First reading approval of ORDINANCE 1263 is needed to begin the re -zoning of the Tackett property. Planning Board minutes are included behind Agenda Item 6 (Buffalo Commons). ORDINANCE NO. __1263— AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING PROPERTY KNOWN AS ASSESSOR'S TRACTS 30K AND 30KA LOCATED IN SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-3, ONE FAMILY RESIDENTIAL), CITY R-3, URBAN SINGLE FAMILY RESIDENTIAL, IN ACCORDANCE WITH THE CITY - COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Gary and Julie Tackett, the owners of property more particularly described as Assessor's Tracts 30K and 30KA located in Section 8, Township 29 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 City R-3, Urban Single Family Residential, and WHEREAS, the property as described exists as property surrounded to the North by City R-3 classification, to the East by County R-5 classification, to the South by City RA-1 classification, and to the West by City B-2 classification, and WHEREAS, the petition of Gary and Julie Tackett was the subject of a report compiled by the Flathead Regional Development Office, #KA-97-2, dated May 5, 1997, in which the Flathead Regional Development Office evaluated the petition and recommended that the property as described above be zoned City R-3, Urban Single Family Residential, as requested by the petition, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission issued a report recommending the property as described be zoned City R-3, Urban Single Family Residential, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described City R-3, Urban Single Family Residential, 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: This property is indicated on the Kalispell City County Master Plan Map as urban residential. The proposed R-3 zoning district complies with that master plan map designation, as well as the goals and policies of the j:wp\ord\Tackett 1 document. Rezoning this property will result in no change in the amount of traffic which might be generated in the area. No impact on traffic congestion will result with this zoning designation. • • • - / Me - There would be no obvious increase in risk related to this zone designation request. Access for fire and other emergency services is adequate. Because this annexation will enable the property owners to connect to public sewer and abandon their failed system, it can be stated that this zoning (concurrent with the annexation) will promote the general health and welfare of the community. There is an established use, a single family residence, on this property which appears to generally comply with the lot size requirements, setbacks, building height and density for the requested zoning designation which assures that there is adequate light and air. The requested zoning designation is consistent with other zoning in the area and the type of development which would be anticipated under the master plan. The requested zone will prevent the overcrowding of land. No significant increase in the population in the area will j:wp\ord\Tackett 2 result under the proposed zoning. Theoretically, one additional parcel may be able to be created under this zoning district provided adequate provisions can be met. The lot size requirements for the district avoid the undue concentration of people in the area. 103 Public service, facilities and infrastructure are currently in place to accommodate the use(s) in the area. No significant impacts to these services can be anticipated as a result of this zoning proposal. The proposed zoning is consistent with the zoning in the surrounding area and the uses in the area. The proposed zoning is consistent with the master plan map designation and anticipated development. The requested zone gives appropriate consideration for the suitability of this area for the uses allowed under the R-3 zone. The general character of the area is transitional, however, the immediate character of the area where this property is located is residential. The use currently on the property is residential and will continue as residential. The requested zone gives reasonable consideration to the character of the area. value of the buildings in the area will be conserved because they are consistent with the uses allowed under the zoning and compatible with other uses in the immediate area. j:wp\ord\Tackett 3 Wi.l7-_the_ ReqLie-ste-d-_Zorie__F=-ouraae-the-12Qs -R opriate Us�e-of the Land Throughout__the---J trisdi -cti on?. The most appropriate use of land throughout the jurisdiction appears to currently be residential. This may change in the future as the urban boundaries of the city expand. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECT ON -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 Assessor's Tracts 30K and 30KA located in Section 8, Township 28 North, Range 21 West, P.M.M, Flathead County as City R-3, Urban Single Family Residential. SEC=N 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 OF THE CITY OF KALISPELL THIS DAY OF , 1997. Douglas D. Rauthe, Mayor ATTEST: Debbie Gifford, CMC Clerk of Council j:wp\ord\Tackett 4