10. Ordinance 1264 - Knoll's Addition Zone ChangeAgenda -July 7, 1997
AGENDA ITEM 10 - ORDINANCE 1264 - KNOLL'S ADDITION ZONE CHANGE - 2m
READING
BACKGROUND/CONSIDERATION: This is also a continuance of action
taken at the last Council meeting.
RECOMMENDATION: The process is recommended to complete the re-
zoning.
ACTION REQUIRED: Approval of the 2Ad reading of ORDINANCE 1264 is
needed to complete the zone change.
ORDINANCE NO. __126A___
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 9 THROUGH 16, BLOCK 5, KNOLL'S ADDITION
LOCATED IN SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED R-2 SINGLE FAMILY
RESIDENTIAL), R-3, URBAN SINGLE FAMILY RESIDENTIAL, IN ACCORDANCE
WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Lloyd L. Dahl Testamentary Trust; Ronald M. Henry,
Trustee, the owner of property more particularly described as Lots
9 through 16, Block 5, Knoll's Addition located in Section 17,
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 R-3,
Urban Single Family Residential, and
WHEREAS, the property as described exists as property
surrounded to the North by Church R-2 classification, to the East
by City R-2, to the South by City R-2 classification, and to the
West by P-1 classification, and
WHEREAS, the petition of Lloyd L. Dahl Testamentary Trust;
Ronald M. Henry, Trustee was the subject of a report compiled by
the Flathead Regional Development Office, #KZC-97-01, dated May 5,
1997, in which the Flathead Regional Development Office evaluated
the petition and recommended that the property as described above
be rezoned 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 R-3, Urban Single Family Residential, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described 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:
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Does-the_Requested__Zone comply with_ the_ Master Plan?
The Kalispell City -County Master Plan map designates this
area as Urban Residential. The proposed zoning would be
in general compliance with this master plan map
designation.
Is the Requested Zone De%i-fined-to-esaen Congestion in
the Streets?
Currently, the area proposed for rezoning has seven
buildable sites. The rezoning would not change the
number of allowable lots, hence there would not be a net
difference in the congestion in the streets which might
be created once these lots are fully developed.
A water main, fire hydrant and newly paved roadway have
been installed to serve these lots thereby securing
safety from an emergency situation. Building codes will
insure that the fire codes are met during the
construction of the buildings.
These are currently buildable lots which have been
approved by the City -County Health Department for on -site
sewage treatment systems. There would be an insignificant
impact on the general health and welfare of the community
with regard to the rezoning of these lots.
ONN� " W M UETOR I F V; 4 �: I WET i a WAO- TOTE = !J 0 10 x" F W 0 rz I W
Adequate light and air would be provided both by the
density in the district and the setback requirements for
structures.
The minimum lot sizes for these lots have been
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established with the previous subdivision. No effect
with regard to the overall density of the area would
result with the proposed R-3 zoning on this property.
Will __the_-Regueste —Zone_F-acilitate-the_Adequate__PsQviai_on
of._-'rans.postat_ion,Jdater+ $ewera_ge.,-_S�choDls_,.--Parks-,--and
Other_Publi-c-Requa; rements?
Most public services and facilities are available in
close proximity to this site such as fire protection,
police protection, schools, parks and recreation and a
good transportation system. The City -County Health
Department has approved the sewage treatment systems for
these parcels. Adequate services can be provided to
accommodate the development of these lots.
Currently this property is zoned for single family
residences. The change in zone will not change the
allowable uses on the property since the R-2 and R-3
zoning district are both single family residential, the
difference being that the R-2 zoning district requires
larger lots and greater setbacks. The requested zone
gives adequate consideration to the suitability of the
property for single family residential uses.
The character of the area is single family residential.
The requested zone is consistent with the uses in the
area since it is intended for single family residential
uses.
The value of buildings would be generally unaffected by
this change in zoning. The uses planned for these lots
are single family residences which would be consistent
and compatible with other buildings in the area which are
primarily single family homes.
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Will- he_-Reque-st_esl_Zone_Encourage_the__-Most._Appropriate
Use of the -Land --Throughout the JuriB-di_ct_ioa
The master plan designates this area for urban
residential development. The zoning in the area and the
requested zoning are consistent with the land use
designation. The zoning is used as a tool to implement
the master plan thereby encouraging the most appropriate
use of land throughout the planning jurisdiction.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SIiCT=_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
Lots 9 through 16, Block 5, Knoll's Addition located in
Section 17, Township 28 North, Range 21 West, P.M.M.,
Flathead County as R-3, Urban Single Family Residential.
SFa-=ON I,I. 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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