H1. Ordinance 1837 - MDT/Two Mile Dr Zoning - 2nd ReadingCITY OF
KALISPELL
REPORT TO:
FROM:
SUBJECT:
MEETING DATE:
Doug Russell, City Manager
PJ Sorensen, Senior Planner
Planning Department
201 Ist Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannine
Ordinance 1837 Second Reading
Zoning
March 16, 2020
— MDT/Two Mile Drive Initial
BACKGROUND: This is the second reading of Ordinance 1837, an ordinance to amend the
Kalispell Zoning Map, and establish a zoning classification of R-4, based on a request from the
Montana Department of Transportation. The property is located at 672/680 Two Mile Drive between
Greenbriar and the Highway 93 Alternate Route ("Kalispell By -Pass") and can be more particularly
described as Tract 1 of Certificate of Survey 21293 located in the Northeast Quarter of the Southwest
Quarter of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana.
The Kalispell City Council, at their meeting on March 2, 2020, approved the first reading of
Ordinance 1837 on a vote of six in favor and three opposed. The initial motion to approve RA-1 per
the original request was amended to R-4 prior to the final vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve the second
reading of Ordinance 1837, 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 1 of Certificate
of Survey 21293 located in the Northeast Quarter of the Southwest Quarter of Section 12, Township
28 North, Range 22 West, P.M.M., Flathead County, Montana, as City R-4 (Residential), in
accordance with the Kalispell Growth Policy Plan — It 2035, and to provide an effective date.
FISCAL EFFECTS: There are no anticipated fiscal impacts at this time.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Ordinance 1837
Link to materials from the 03-02-20 Council Meeting
c: Aimee Brunckhorst, Kalispell City Clerk
ORDINANCE NO. 1837
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 1 OF CERTIFICATE OF
SURVEY 21293 IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA (PREVIOUSLY ZONED COUNTY R-1) TO CITY R-4 (RESIDENTIAL), IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO
PROVIDE AN EFFECTIVE DATE.
WHEREAS, the Montana Department of Transportation, 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 RA-1, on approximately 9.4 acres of land; and
WHEREAS, the property is located at 672 and 680 Two Mile Drive; and
WHEREAS, MDT's petition was the subject of a report compiled by the Kalispell Planning Department,
Staff Report #KA-19-05, dated February 5, 2020, in which the Kalispell Planning
Department evaluated the petition and recommended that the property as described above be
zoned RA-1, Residential Apartment, as requested by the petition; and
WHEREAS, on March 2, 2020, at the regularly scheduled and duly noticed meeting in which the Council
considered the petition, substantial public comment was provided, including, among other
things, concerns over traffic impacts and the inadequacy of Two Mile Drive, the potential
high density use of the property in relation to other high density uses put to nearby properties
accessing Two Mile Drive and the potential negative impacts that may affect the single
family residences of the adjacent Greenbrier Subdivision; and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described
RA-1, Residential Apartment, and the public comment received, the City Council determines
to adopt the initial zoning of R-4 (Residential) and finds such zoning to be consistent with
the Kalispell Growth Policy Plan -It 2035 and therefore amends, giving full regard to 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-19-05 to be consistent with R-4 (Residential) land use.
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 9.4 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 16TH DAY OF MARCH, 2020.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor