E2. Ord 1818 - 2nd Reading - Cottage GardensPLANNING FOR THE FUTURE
MONT"A
REPORT TO: Doug Russell, City Manager
FROM: Jarod Nygren, Senior Planner
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT: Ordinance 1818 Second Reading — Cottage Gardens
MEETING DATE: January 22, 2019
BACKGROUND: This is the second reading of Ordinance 1818, an ordinance to amend the
Kalispell Zoning Map, and establish a zoning classification of R-3. The subject property is located at
645 Three Mile Drive. The property can be legally described as Tract IA in the SW4 and SE4 of
Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana.
The Kalispell City Council, at their meeting on January 7, 2019, approved the first reading of
Ordinance 1818, unanimously upon roll call vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve the second
reading of Ordinance 1818, an Ordinance to amend section 27.02.010, official zoning map, City of
Kalispell zoning ordinance 1677, by zoning certain real property described as Tract IA in the SW4
and SE4 of Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana.to
City R-3 in accordance with the Kalispell Growth Policy Plan - It 2035, and to provide an effective
date.
FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Ordinance 1818
c: Aimee Brunckhorst, Kalispell City Clerk
ORDINANCE NO. 1818
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ZONING CERTAIN REAL
PROPERTY, MORE PARTICULARLY DESCRIBED AS ASSESSORS TRACT IA IN THE
SOUTHWEST QUARTER AND SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 28 NORTH,
RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY
AG-80, AGRICULTURAL) TO CITY R-3 (URBAN SINGLE FAMILY RESIDENTIAL), IN
ACCORDANCE WITH THE KALISPELL GROWTII POLICY PLAN — IT 2035, AND TO PROVIDE
AN EFFECTIVE DATE.
WHEREAS, Bruce Wiederspiel, the owner of the property described above, petitioned the City of Kalispell
that the zoning classification attached to the above described tract of land be zoned R-3,
Urban Single Family Residential, on approximately 1.00 acre of land; and
WHEREAS, the property is located at 645 Three Mile Drive; and
WHEREAS, Bruce Wiederspiel's petition was the subject of a report compiled by the Kalispell Planning
Department, Staff Report #KA-18-07, dated November 30, 2018, in which the Kalispell
Planning Department evaluated the petition and recommended that the property as described
above be zoned R-3, Urban Single Family Residential, as requested by the petition; 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 finds such initial zoning to be
consistent with the Kalispell Growth Policy Plan -It 2035 and adopts, 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, the findings of fact of KPD as set forth in Staff Report No. KA-18-07.
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 No. 1677) is hereby amended by designating the
property described above as R-3, Urban Single Family Residential, on
approximately 1.00 acre of land.
SECTION 2. 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 3. 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 SIGNED BY THE MAYOR OF THE CITY
OF KALISPELL THIS 22ND DAY OF JANUARY, 2019.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor