05. Ordinance 1275 - First Security Bank Zone Change - 1st ReadingAgenda -November 3, 1997
AGENDA ITEM 5 - ORDINANCE 1275-FIRST SECURITY BANK ZONE CHANGE FROM
!.I
BACKGROUND/CONSIDERATION: Enclosed is the report from the Planning Board* reviewing
the request for a change in the zoning from B-1 to B-3 at the NW corner of Meridian and Two We
Drive.
RECOMMENDATION: Upon review of the findings of fact and minutes with the unanimous
recommendation of the Planning Board, I concur with the recommendation for the change in the
zoning for this area.
ACTION REQUIRED: Approval of ORDINANCE 1275 will complete the re -zoning process.
*The Planning Board Minutes are behind Item D in the Consent Agenda.
s •►�
AN ORDINANCE TO AMMM SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175)1 BY ZONING
PROPERTY DESCRIBED IN EXHIBIT "A" (PREVIOUSLY ZONED B-1
NEIGHBORHOOD BUFFER DISTRICT), B-3, COMMUNITY BUSINESS DISTRICT, IN
ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN
EFFECTIVE DATE.
WHEREAS, Great Northern Bancshares, Inc. and First Security
Bank of Kalispell, the owners of property more particularly
described in Exhibit "A", petitioned the City of Kalispell that the
zoning classification attached to the described tract of land be
changed to B-3, Community Business District, and
WHEREAS, the property as described exists as property
surrounded to the North by RA-1 classification, to the Bast by P-1
classification, to the South by B-3 classification, and to the West
by RA-1 and.B-1 classification, and
WHEREAS, the petition of Great Northern Bancshares, Inc. and
First Security Bank of Kalispell was the subject of a report
compiled by the Flathead Regional Development Office, #KZC-97-03,
dated October 8, 1997, in which the Flathead Regional Development
Office evaluated the petition and -recommended that 'the property as
described above be rezoned B-3, Community Business District, 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 B-3, Community Business District, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described B-3, Community Business
District, 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 area is within the boundaries of the North Meridian
Neighborhood Plan. The neighborhood plan designates
these properties as commercial. The proposed rezoning
would be in compliance with this master plan map
designation.
j:wp\ord\1stSecurity -1-
Currently, the area proposed for rezoning is undeveloped.
The uses allowed under the proposed B-3 may generate more
traffic than those allowed under the existing B-1 zoning.
However, North Meridian Road is an arterial within the
city where large volumes of traffic is anticipated, and
since the sites are currently developed, additional
traffic and congestion which might be generated as a
result of zone change are minimal.
Access, fire suppression and circulation in the area are
adequate to secure the area from fire, panic and other
dangers which might compromise the safety of the public.
Rezoning will' not effect the risk and safety factors
which might be associated with this property.
Currently this -property is undeveloped. -",Uses allowed
under this district and intended for this property would
provide services to residences within the immediate area
at a convenient location. It appears that the zone
change would promote the general health and welfare of
the community.
- i - it • •' • • •.' • • - it • /W
Adequate light and air would be provided both by the
density in the district and the setback requirements for
structures.
w
Development of this property under the proposed B-3
zoning would not lead to overcrowding or the undue
concentration of people since this is an area intended
for commercial use and development along a minor arterial
j:wp\ord\1stSecurity -2-
within an established commercial area.
All public services and facilities are available to this
site such as fire protection, police protection, schools,
parks and recreation and a good transportation system.
Adequate services can be provided to accommodate the
development of these lots.
Currently this property is undeveloped and is in an area
which is transitioning toward a more commercial nature.
The uses permitted on the property would be consistent
and compatible with other uses in the area. The
requested zone change gives adequate consideration to the
suitability of the property for uses allowed in the B-2
district.
The character of the area is commercial, business, and
some high density residential. The requested zone is
consistent with the uses and zoning in the area since it
is intended for this mix of uses.
The value of buildings would generally be stabilized by
this change in zoning and subsequent development since
this will further establish this area as a viable
commercial area. The use planned for this property is a
core commercial use which would be anticipated in an area
such as this and which would be consistent and compatible
with other buildings in the area which are primarily
commercial, office and high density residential.
j:wp\ord\19tSecurity -3-
The neighborhood plan designates this area for commercial
development. The zoning in the area and the requested
zoning are consistent with that 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:
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 in
Exhibit "A" as B-3, Commercial Business District.
SECTION 11. 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 by
the City Council.
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\1stSecurity -4-
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
October 21, 1997
Clarence Krepps, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Re: Great Northern Bancshares, Inc. / First Security Bank of Kalispell
Zone Change Request from B-1 to B-3
Dear Clarence:
The Kalispell City -County Planning Board met on October 15, 1997 and held a public
hearing to consider a request by Great Northern Bancshares, Inc. and First Security
Bank of Kalispell for a zone change from B-1, a Neighborhood Buffer District, to B-3, a
Community Business District. The site is located on the northwest corner of Meridian
Road and Two Mile Drive, and contains approximately 1.48 acres.
Narda Wilson of the Flathead Regional Development Office evaluated the proposal and
recommended approval of the requested zone change. She noted the zone change is
intended to allow a bank at that location, and that the preliminary design has been well
thought out to address traffic and pedestrian needs in the area.
At the public hearing, eleven people, both residents and business owners in the area,
spoke in favor of the proposal. There was no opposition to the zone change.
The planning board discussed the proposal and agreed a bank would be a positive
addition to the area. A motion to adopt staff report #KZC-97-3 as findings of fact and
forward a recommendation to the city council for approval of the zone change was
passed on a vote of eight in favor and none opposed.
Please place this matter on the agenda for the November 3, 1997 regular city council
meeting. You may contact this board or Narda Wilson at the Flathead Regional
Development Office if you have any questions regarding this matter.
Sincerely,
Kalispell City -County Planning Board
Pamela J.B. needy
Vice -President
PJBK/NW/eo
Providing Community Planning Assistance To:
• Flathead County 9 City of Columbia Falls • City of Kalispell • City of Whitefish •
First Security Bank of Kalispell Zone Change
October 20, 1997
Page 2
Attachments: FRDO Report #KZC-97-3 w/application materials
Draft minutes of 10/ 15/97 Planning Board meeting (to follow)
Exhibit A (legal description)
c: w/o Att: First Security Bank of Kalispell, PO Box 7250, Kalispell, MT 59904
Bruce Lutz, PO Box 1417, Columbia Falls, MT 59912
c/w Att: Debbie Gifford, Kalispell City Clerk
H: \... \ 1997\KZC973
FOXMIT "
NORTHERNGREAT
FIRST
LEGAL DESCRIPTION OF !
That portion of the Southeast 1/4 of the Northeast 1/4 of Section 12, Township 28 North, Range
22 West, Principal Meridian, Flathead County, Montana, described as follows:
Commencing at the southeast corner of the Southeast 1/4 of the Northeast 1/4 of Section 12,
Township 28 North, Range 22 West, Principal Meridian, Flathead County, Montana; thence
along the south line of said aliquot part, South 89153'08" West 30.00 feet to the westerly right-
of-way line of Meridian Road; thence along said right-of-way line, North 00°46'03" West 40.00
feet to the point of beginning of the parcel being described; thence continuing along the westerly
right-of-way line of said Meridian Road, North 00°46'03" West 179.79 feet to the southerly line
of Stubb's Addition, records of Flathead County, Montana; thence along said southerly line,
South 89039118" West 249.69 feet to the southeast comer of that parcel described in Document
No. 199721316370, records of Flathead County, Montana; thence along the south line of said
parcel, South 89°40'01" West 111.31 feet; thence at right angles to said south line, South
00019'59" East 178.35 feet to the northerly right-of-way of Two Mile Drive; thence along said
northerly right-of-way line, North 89053108" East 362.39 feet to the point of beginning,
containing 1.487 Acres of land.
FURST SECURITY OF
REQUEST•- ZONE CHANGE FROMTO
FLATHEAD REGIONAL DEVELOPMENT OFFICE
STAFF O.
A report to the Kalispell City -County Planning Board and the Kalispell City Council
regarding a zone change request from B-1 to B-3. A public hearing has been scheduled
before the Kalispell City -County Planning Board for October 15, 1997 beginning at 7:00
PM in the Kalispell City Council Chambers. The Planning Board will forward a
recommendation to the Kalispell City Council for final action.
The applicants are proposing to amend the Official Kalispell Zoning Map for a portion of
a parcel from the existing 13-1, a Neighborhood Buffer District use district, to B-3, a
Community Business use district.
A. Petitioner and Owners:
Technical Assistance:
First Security Bank of Kalispell
233 East Idaho
P.O. Box 7250
Kalispell, MT 59904
(406)755-4271
Sitescape Associates
Bruce Lutz, ASLA
385 Golf Course Drive
P.O. Box 1417- -,,
Columbia Falls; MT 59912
(406)892-3492
B. Location and Legal Description of Property: The property proposed for
rezoning is located on the northwest corner of Meridian Road and Two Mile Drive.
It can be described as 1.48 acres of the east 362 feet of Assessor's Tract 5CD
located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead
County, Montana.
C. Existing zoning: Currently this property is zoned B-1, a Neighborhood Buffer
District which requires a minimum lot size of 7,000 square feet and allows
limited retail uses, offices and other low impact business and commercial uses
designed to serve the immediate area.
D. Nature of Request and Proposed Zoning: The property being proposed for
rezoning to B-3, a Community Business zoning district has a minimum lot size
requirement of 7,000 square feet. This use district allows for a wider range of
commercial and retail uses than the existing B-1 zoning. Liltimately property
owners intend to construct a branch office of their bank facility subsequent to
the property being rezoned. Since the east approximately two-thirds portion of
1
the property is designated on the North Meridian Neighborhood Plan as
commercial and the west one third as high density residential, the property
owners are requesting a zone change within the area designated as commercial.
E. Size: The area proposed for rezoning contains approximately 1.48 acres of land
out of an approximately 2.35 acres parcel. The area which is intended to remain
B-1 contains approximately .87 acres and is the western approximately one-
third of the total parcel. The property owners do not intend to subdivide or
develop this remaining B-1 area at the present time.
F. Existing Land Use: This property is currently undeveloped.
G. Adjacent Land Uses and Zoning:
North: Proposed 44 unit assisted living facility, RA-1 zoning
East: County fairgrounds, P-1 zoning
South: Fish and Game building, B-3
West: Multi -family residences, RA-1 and B-1 zoning
H. General Land Use Character. The general land use character of this area is
primarily offices and some limited commercial uses. There are residences in the
area that have not transitioned to higher intensity uses to the east and north and
some high density residential developments to the west. Ultimately, this is a mix
of office, commercial and residential uses in the area.
L Utilities and Public Services:
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell
Electricity:
Pacific Power and Light
Telephone:
P71 service area
Schools:
School District #5
Fire:
City of Kalispell
Police:
City of Kalispell
J. Relation to zoning requirements:
With regard to lot size, the property proposed for rezoning would easily meet the
minimum lot size requirement of 7,000 square feet for lots within the B-3 zoning
district. Obviously, the property proposed for rezoning would exceed that which
would be required under the proposed B-3 zoning district.
Reaction of 1'fesrby Pro2pr y Owners
A notice of public hearing was mailed to property owners within 150 feet of the subject
property approximately 15 days prior to the hearing. At the writing of the staff report,
one letter of support was received by the Flathead Regional Development office which
has been included in the staff report packet.
2
The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A.
Findings of fact for the zone change request are discussed relative to the itemized
criteria described by 76-2-203, M.C.A.
Does the requested zone comply with the Master Plan?
This area is within the boundaries of the North Meridian Neighborhood Plan.
The neighborhood plan designates these properties as commercial. The proposed
rezoning would be in compliance with this master plan map designation.
2. Is the requested zone designed to lessen congestion in the streets?
Currently, the area proposed for rezoning is undeveloped. The uses allowed
under the proposed B-3 may generate more traffic than those allowed under the
existing B-1 zoning. However, North Meridian Road is an arterial within the city
where large volumes of traffic is anticipated, and since the sites are currently
developed, additional traffic and congestion which might be generated as a result
of this zone change are minimal.
3. Will the requested zone secure safety from fire, panic, and other dangers?
Access, fire suppression and circulation in the area are adequate to secure the
area from fire, panic and other dangers which might compromise the safety of the
public. Rezoning will not effect the risk and safety factors which might be
associated with this- property;
4. Will the requested change promote the health: and general welfare -?-
Currently this property is undeveloped. Uses allowed under this district and
intended for this property would provide services to residences within the
immediate area at a convenient location. It appears that the zone change would
promote the general health and welfare of the community.
5. Will the requested zone provide for adequate light and air?
Adequate light and air would be provided both by the density in the district and
the setback requirements for structures.
6. Will the requested zone prevent the overcrowding of land or undue concentration
of people?
Development of this property under the proposed B-3 zoning would not lead to
overcrowding or the undue concentration of people since this is an area intended.
for commercial use and development along a. minor arterial within an established
commercial area = ,
0
7. Will the requested zone facilitate the adequate provision of transportation, water,
sewerage. schools, parks, and other public reguirenunts?
All public services and facilities are available to this site such as fire protection,
police protection, schools, parks and recreation and a good transportation
system. Adequate services can be provided to accommodate the development of
these lots.
8. Does the requested zone give consideration to the particular suitability of the
property for,1uticular uses?
Currently this property is undeveloped and is in a area which is transitioning
toward a more commercial nature. The uses permitted on the property would be
consistent and compatible with other uses in the area, The, requested zone
change gives adequate consideration to the suitability -of the property for uses
allowed in the B-2 district
9. Does the requested zone give reasonable consideration 12 a"Um of the
district?
The character of the area is commercial, business, and some high density
residential. The requested zone is consistent with the uses and zoning in the
area since it is intended for this mix of uses.
10. Will the proposed zone conserve the value of buildings?
The value of buildings in the area would generally be stabilized by this change in
zoning and subsequent development since this -will-further establish this area as
a viable commercial area. The use planned for this property is a core commercial
use which would be anticipated in an area such as this and which would be
consistent and compatible with other buildings in the area which are primarily
commercial, office and high density residential.
11. Will the requested zone encourage the most appropriate use of -the land
throughout the jurisdiction?
The neighborhood plan designates this area for commercial development. The
zoning in the area and the requested zoning are consistent with that land use
designation. The zoning is used as a tool to implement the master plan thereby
encouraging the most appropriate use of land thrqughout the .planning
jurisdiction. a
The proposed rezoning for this property-w-vonsisteot with the-- North Meridian
Neighborhood Plan and it can be anticipated that the uses allowed tinder. this zoning
would promote the gerieral'health and welfare of the immediate .community by providing
a needed service and a use which is complementary and compatible with other uses
already existing and proposed for the area.
0
Staff recommends that the Kalispell City -County Planning Board and Zoning
Commission adopt FRDO staff report #KZC-97-3 as findings of fact and, based on these
findings, recommend to the Kalispell City County that the requested zone change from
B-1 to B-3 be granted.
H: \... \KZC \96\KZC97-3
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