3. Ordinance 1267 - State Lease Land - Youth Complex ZoningAgenda -October 20, 1"7
AGENDA ITEM 3 - ORDINANCE 1267-STATE LEASE LAND -YOUTH COMPLEX-
ZONING-P-I-2ND READING
BACKGROUND/CONSIDERATION: This land is currently zoned P-1 (county zoning). Since
we have completed the annexation process for this property, we need to complete the City's initial
zoning for P-1. This was passed on the first reading at the last Council Meeting.
RECOMMENDATION: As requested by City staff, State Lands staff, and recommended by the
Planning and Zoning Commission, I concur with and recommend final approval of the zoning.
ACTION REQUIRED: Approval of ORDINANCE 1267 on second reading will complete the
zoning.
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
PROPERTY OWNED BY THE DEPARTMENT OF NATURAL RESOURCES AND
CONSERVATION, DESCRIBED HEREIN (PREVIOUSLY ZONED COUNTY AG-80,
AGRICULTURAL), TO CITY P-1, PUBLIC, IN ACCORDANCE WITH THE CITY -
COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Jon Dahlberg, Area Manager of the Northwest Land
Office of the Department of Natural Resources and Conservation, the
owners of the property described as approximately 160 acres of the
Southeast Quarter of Section 36, Township 29 North, Range 22 West,
P.M.M., Flathead County, Montana, petitioned the City of Kalispell
that the zoning classification attached to the above described
tract of land be zoned P-1, Public, under the City of Kalispell
Zoning Ordinance, and
WHEREAS, said property exists as property surrounded to the
North by Agricultural, State Lands Office, AG-80 County
classification; to the East by Agricultural, undeveloped lands,
FVCC, SAG-10 County and R-1 City classification; to the South by
undeveloped, nursery, residences, SAG-10 County and R-4 City
classification; and to the West by Agricultural, AG-80 County
classification, and
WHEREAS, the petition of Jon Dahlberg, Area Manager of the
Northwest Land Office of the Department of Natural Resources and
Conservation was the subject of a report compiled by the Flathead
Regional Development Office, #KA-97-5, dated August 4, 1997, in
which the Flathead Regional Development Office evaluated the
petition and recommended zoning the property Public, P-1, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report recommending said property be zoned as
Public, P-1, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone said property Public, the City Council makes the
following based upon the criterion set forth in Section 76-2-203,
M.C.A..
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This property is designated on the Kalispell City County Master
Plan Map as public and agricultural. The proposed P-1 zoning
district is in general compliance with these master plan map
designations. Additionally, it furthers the goals of Chapter 8,
Community Facilities which deals with the development of parks and
recreation facilities.
It can be anticipated that the proposed rezoning from agricultural
to public will increase traffic impacts in the area due to the
subsequent development of the site. Traffic impacts to the area
can be accommodated with the existing roadways in the area,
however, the proposed rezoning is not designed to lessen congestion
in the streets.
There are no obvious risks related to this property or which might
be an issue associated with this zone designation request. Access
for fire and other emergency services is adequate.
This annexation will promote the general health and welfare of the
public by enabling the City to move forward with the goal of
providing a consolidated youth athletic field, a goal which has
been endorsed by a majority of the City Council and the general
public.
Any uses established on the site will be required to meet the
development standards for the district dealing with setbacks,
height limits and lot coverage. These standards are designed to
provide for adequate light and air.
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The requested zoning designation is in general compliance with the
master plan designation and the goals and objectives of the master
plan and the development anticipated for this area. This zoning
designation has the potential to create increased impacts to the
area with regard to traffic impacts and general use of the area.
However, the potential increase in use and activity in the area
would not generally lead to overcrowding.
Increased concentration of people in this area will likely result
after this land has been converted from an agricultural use to a
public use. At times there may be large concentrations of people
on the site and in the area, but because of the size of the site it
does not appear that this zone would allow the undue concentration
of people.
w;11 the Requested Zone Facilitate the Adequate Provision of
Transportation, Water, Sewerage, Schools, Parks and Other Public
Requirements?
Public service, facilities and infrastructure are in close
proximity to the site. During the development of this property,
the basic services of water and sewer will be extended to the site.
Fire, police, ambulance and public access are adequate to
accommodate potential impacts associated with the development of
this site. There will be impacts to services which can be
anticipated as a result of this proposal which can be met by the
City.
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The proposed zoning furthers the long range plans of the City for
the consolidation and development of the City ballparks as well as
the expansion of recreational opportunities. This involves the
relocation of the existing ballparks to one location which requires
a generally large undeveloped piece of property. It has long been
anticipated that at least a portion of this section would be
developed for a greater public purpose than its current
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agricultural use. A cooperative effort between the State of
Montana and the City of Kalispell have produced an agreement to
develop this site accordingly. This rezoning gives great
consideration to the suitability of this property for the proposed
use and concurrent zoning proposal.
The general character of the area is transitional between the urban
and rural/agricultural use on the fringes of the planning
jurisdiction. The proposed zoning allows this public facility to
serve broad segments of the county and a generally central
location. It appears that the proposed rezoning gives reasonable
consideration to the character of the district.
There are not many buildings in the immediate area which would be
greatly effected by the rezoning. There are two public facilities
in the immediate area, the Department of State Lands building
adjoining the Northeast portion of this property and the community
college building across Highway 93 North to the East. There are
some residences to the South of this site which may be effected by
the development of this site. However, it does not appear that the
development of this site for a public purpose would negatively
impact the value of buildings in the area, and may, in fact,
enhance the desirability of the 'area because of its proximity to
this public facility. It appears, the proposed zone will conserve
the value of buildings in the area.
The master plan designates a portion of this site as public and the
rest as agricultural. The development of a community park would be
consistent with the goals of these land use designations by
rezoning of the property for a public use which not only encourages
the most appropriate use of land throughout the jurisdiction, but
furthers the community and public goals of providing recreational
facilities and opportunities in an area which can be easily
accessed and developed. The requested zone encourages the most
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appropriate land use throughout the planning jurisdiction.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. 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:
approximately 160 acres of the Southeast Quarter of Section
36, Township 29 North, Range 22 West, P.M.M., Flathead County,
Montana; Public, P-1.
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.
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL THIS 20th DAY OF OCTOBE , 1997.
Douglas D. Rauthe, Mayor
Debbie Gifford, CMC
Clerk of Council
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