E2. Ordinance 1827 - Stutzman Second ReadingPLANNING FOR THE FLrrURE
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REPORT TO: Doug Russell, City Manager
FROM: Jarod Nygren, Senior Planner
SUBJECT: Ordinance 1827 Second Reading — Stutzman
MEETING DATE: June 17, 2019
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
BACKGROUND: This is the second reading of Ordinance 1827, an ordinance to amend the
Kalispell Zoning Map, and establish a zoning classifications of R-4. The subject property to be
rezoned can be described as Tract 7ABB in Section 19, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana.
The Kalispell City Council, at their meeting on June 3, 2019, approved the first reading of Ordinance
1827, unanimously upon roll call vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve the second
reading of Ordinance 1827, an Ordinance to amend section 27.02.010, official zoning map, City of
Kalispell zoning ordinance 1677, by zoning certain real property, more particularly described as Tract
7ABB in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana to city
R-4, 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 1827
c: Aimee Brunckhorst, Kalispell City Clerk
ORDINANCE NO. 1827
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 TRACT 7ABB IN SECTION 19,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED CITY R-1, RESIDENTIAL, AND COUNTY R-1, RESIDENTIAL) TO
CITY R-4 (RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY
PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Timothy and Naomi Stutzman, the owners 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-4, on approximately 2.8 acres of land; and
WHEREAS, the property is located at 724 Sunnyside Drive; and
WHEREAS, the Stutzmans' petition was the subject of a report compiled by the Kalispell Planning
Department, Staff Report #KA-19-01, dated May 6, 2019, in which the Kalispell
Planning Department evaluated the petition and recommended that the property as
described above be zoned R-4, Residential, as requested by the petition; and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-4, 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-19-01.
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-4, Residential, on approximately 2.8 acres
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 17TH DAY OF JUKE, 2019.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor