H1. Ord. 1834, Schwager ZoningPLANNING FOR THE FUTURE
REPORT TO: Doug Russell, City Manager
FROM: Jarod Nygren, Planning Director
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT: Ordinance 1834 Second Reading — Schwager Zoning
MEETING DATE: January 21, 2020
BACKGROUND: This is the second reading of Ordinance 1834, an ordinance to amend the
Kalispell Zoning Map, and establish a zoning classification of R-2. The subject property is located at
155 Tronstad Road. The property to be annexed can be legally described as Parcel 3 of COS 1500 in
the Section 18, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana.
The Kalispell City Council, at their meeting on January 6, 2020, approved the first reading of
Ordinance 1834, 8 in favor and I opposed.
RECOMMENDATION: It is recommended that the Kalispell City Council approve the second
reading of Ordinance 1834, 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
Parcel 3 of COS 1500 in the Section 18, Township 29 North, Range 22 West, P.M.M., Flathead
County, Montana, to City R-2 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 1834
Link to 01-06-20 City Council Materials
c: Aimee Brunckhorst, Kalispell City Clerk
ORDINANCE NO. 1834
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 PARCEL 3 OF
CERTIFICATE OF SURVEY 1500 IN SECTION 18, TOWNSHIP 29 NORTH, RANGE 22
WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY
SAG-10) TO CITY R-2 (RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL
GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Mark Schwager, 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-2, on approximately 10 acres of land; and
WHEREAS, the property is located at 155 Tronstad Road; and
WHEREAS, Schwager's petition was the subject of a report compiled by the Kalispell Planning
Department, Staff Report #KA-19-04, dated December 10, 2019, in which the
Kalispell Planning Department evaluated the petition and recommended that the
property as described above be zoned R-2, Residential, as requested by the petition;
and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-2, 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-19-04.
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-2, Residential, on
approximately 10 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 21 ST DAY OF JANUARY, 2020.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor