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Ordinance 1232 - Zone Change - HagermanORDINANCE NO. 1232 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING PROPERTIES LOCATED SOUTH OF 18TH STREET WEST ON THE WEST SIDE OF AIRPORT ROAD (PREVIOUSLY ZONED RA-1, LOW DENSITY APARTMENT), RA-3, RESIDENTIAL APARTMENT/OFFICE, IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, William and Muriel Hagerman, the owners of properties located south of 18th Street West on the west side of Airport Road, as shown in Exhibit "A", attached hereto and therefore made a part hereof, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be changed to RA-3, Residential Apartment/Office, and WHEREAS, the properties as shown in Exhibit "A" exist as property surrounded to the west by City RA-1 and County R-1 classifications, to the south by County R-1 classification, to the east by I-1 and P-1 classifications, and to the north by B-2 classification, and WHEREAS, the petition of William and Muriel Hagerman was the subject of a report compiled by the Flathead Regional Development Office, #KZC-95-04, dated August 29, 1995, in which the Flathead Regional Development Office evaluated the petition and recommended that the properties as shown in Exhibit "A" be rezoned RA-3, Residential Apartment/Office, as requested by the petition, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission issued a report recommending the properties as shown in Exhibit "A" be zoned RA-3, Residential Apartment/Office, and WHEREAS, after considering all the evidence submitted on the proposal to zone the properties as shown in Exhibit "A" RA-3, Residential Apartment/Office; 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: Does the Requested Zone Comply with the Master Plan? The subject properties are within the jurisdiction of the Kalispell City -County Master Plan and impacted by the Airport Neighborhood Plan. According to the Master Plan, the properties are designated for "High Density Residential". This request is considered in conformance with the Master Plan. The Airport Neighborhood Plan impacts the northeast corner of the subject properties as can be seen on the attached vicinity map. This impact results from the Runway Protection Zone (RPZ) adopted for the protection of the approaches to the runway. This RPZ will limit any building of structures in the 11 redevelopment of the properties to the area outside of the RPZ, essentially the southwestern portion of the properties. Will the Requested Zone Secure Safety from Fire, Panic and Other Dangers? Development within the RA-3 zone is subject to certain standards including maximum building height and the provision of off-street parking. Further, any development of the properties is subject to review by the City's Site Plan Review Committee, and requires the issuance of City building, plumbing, and mechanical permits. These requirements and review processes help ensure that development of the properties subsequent to the zone change is done in a safe manner. In addition, any specific development more intense than a duplex would require a conditional use permit and/or subdivision approval. One limitation to developing the corner property would be the Runway Protection Zone constraints. This limitation is not considered severe enough to preclude development. However, it does limit development to the southwestern portion of the property with parking allowed in the eastern portion. Specific location of the RPZ would need to be identified at the time of redevelopment of the property it affects. This specific location would be accomplished by having it surveyed at the time the property is redeveloped. Will the Requested Zone Change Promote the Health and General Welfare? The general purpose of the City's zoning ordinance is to promote the general health and welfare and does so by implementing the City/County Master Plan and its amendments. The City's Master Plan does support the requested zone change. This zone would not intrude on the health or general welfare of this particular neighborhood and with proper site planning all properties can be developed safely. The surrounding uses are considered compatible with the proposed zoning classification. Will the Requested Zone Provide for Adequate Light and Air? The parking, landscaping, and setback requirements of the zoning ordinance would ensure that light and air are adequately provided when the properties are redeveloped. V, Will the Requested Zone Change Prevent the Overcrowding of Land?. Overcrowding of land can occur when development out -paces or exceeds the environmental or service limitations of the property. Adequate infrastructure is in place in the area to accommodate the land uses allowed in the requested zone. Access to the properties is supplied from Airport Road, a designated Collector, and 18th Street West, a designated Minor Arterial. Will the Requested Zone Avoid Undue Concentration of People? Concentration of people is a function of land use. Development would occur more intensely on the properties if the zone change is approved than would occur if no rezone occurs. The uses associated with the RA-3 zoning designation anticipate a certain concentration of people and intensity of uses and should not create an undue hardship on the neighborhood. Is the Requested Zone Designed to Lessen Congestion in the Street and Facilitate the Adequate Provision of Transportation, Water, Sewer, Schools, Parks and Other Public Requirements? As indicated in the Master Plan, the RA-3 zone is designed to be utilized for this area. Airport Road and 18th Street access was expected to serve these properties and also was expected to serve as access to the north into downtown Kalispell. The development constraints of the RA-3 zone are designed to lessen congestion in the streets for any development by requiring additional review and a conditional use permit for development more intense than a duplex. Additional demands for transportation, water, and sewer collection as a result of development of the properties would be evaluated pursuant to individual development proposals. Adequate services exist in the area. The residential/commercial nature of this zone would impact schools and parks; however, no significant impact is expected. Does the Requested Zone Give Consideration to the Particular Suitability of the Property for Particular Uses? These properties are a conversion of the existing RA-3 zone and are well suited for this change because of the types of uses permitted in this zone, those being residential and low intensity commercial in nature. The properties are essentially flat and can accommodate the 3 expected uses allowed in the zone. The Runway Protection Zone will be an important consideration at the time of development of the properties in the northeast part of the request, but is not considered a significant impediment to development with proper site planning techniques. Does the Requested Zoning Give Reasonable Consideration to the Character of this District? The properties under consideration in this proposal fit the character of the district because the Master Plan for this area calls out for High Density development and the intent of the zone fits this location. The Master Plan indicates the need for additional affordable housing in Kalispell and the intent of the zone indicates this to be a good location. The zone is designed for multifamily uses customarily considered to be the most affordable type of housing. The requested zone change is not out of character with the surrounding city as proposed by the Master Plan. Would the Proposed Zoning Conserve the Value of the Buildings? The properties are currently developed with dwellings and apartments and would be redeveloped into residential and low intensity commercial uses. A change to the RA-3 zone should not significantly impact, erode, or devalue the neighborhood beyond the type of uses that are currently allowed or that exist in the area, those being residential and commercial. If these properties were to be developed as apartments, a conditional use permit would be required. Will the Requested Zone Change Encourage the Most Appropriate Use of the Land Throughout the Jurisdiction? The requested zoning classification is consistent with the Kalispell City -County Master Plan. This type of zone and its associated land uses are expected in this area and would provide the City with additional housing units if developed. The Plan map specifically identifies this location for this type of zone. The neighborhood consists of residential and non-residential uses and zones. The proposed zone change would be the most appropriate use of the land. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: 4 SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance #1175) is hereby amended by designating the properties as shown in Exhibit "A", attached hereto and therefore made a part hereof, as RA-3, Residential Apartment/Office. 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 AND MAYOR OF THE CITY OF KALISPELL THIS 116 *'� DAY OF 0 C�� b e,- , 1995. ATTEST: Debbie Giaf-4&1 CMC Clerk of Council 5 (z LJ vb'bugl-gs D. Rauthe, Mayor ,I - 17hat portion of the NE!4 of the NE 'A of Section 19, Township 28 North, Range 21 West, P.M.M., described as follows: Commencing at the NE corner of said Section 19; thence South 88012 West, along the North line of said Section 19, a distance of 30.0 feet to a point on the West boundary of the CounV Road known as Airport Road, said point being the True Point of Beginnin• of the tract to be described; thence continuing South 88012 West, along the North line of said Section 19, a distance of 132.0 feet; thence South 0'08' West, 75.0 feet; thence North 88012' East 132.0 feet to a point on the West boundary of said Airport Road; thence North 0006' East, along the West boundary of said Airport Road, 75.0 feet to the True Point ..-#If Beginning.