09. Ordinance 1263 - Tackett Zone Change - 2nd ReadingAgenda -July 7, 1997
AGENDA ITEM 9 - ORDINANCE 1263 - TACKETT ZONE CHANGE - 2m READING
BACKGROUNDICONSIDERATION: This is the continuance of action taken
at the last meeting.
RECOMMENDATION: The Council should proceed with the approval as
previously recommended.
ACTION REQUIRED: Approval of the tad reading of ORDINANCE 1263 is
needed to complete the zone change.
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.
Eta 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.
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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.
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.
a - •t. ' - • • f ' • • • - • - • • • - • •
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.
�- -•i -• •�- - •- ••-• • - •�
MOF
Public service, facilities and infrastructure are currently in
place to accommodate the use 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.
1�• •- ;ENR - -0 ••- - ;- • _• - •�- •- • •
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.
•- -s •••_-. WAWMEWM._-. - ••
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
Wil.l--_-the_._Resttes-tesi__ZQne---.Enc-our-a_ge the_ Moses_-Appr-opriate
U-se_ of the Land Throu-g_ how_-the__Uuris_dictton?
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:
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 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.
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 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
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