I1. Ord 1843 - Behe Zone Change - 2nd ReadingCITY OF
KALISPELL
REPORT TO: Doug Russell, City Manager
FROM: 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
SUBJECT: Ordinance 1843 Second Reading — Behe Initial Zoning
MEETING DATE: June 15, 2020
BACKGROUND: This is the second reading of Ordinance 1843, an ordinance to amend the
Kalispell Zoning Map and establish a zoning classification of R-2 (Residential), based on a request
from Connie Behe. The property is located at 1100 Two Mile Drive. The property can be more
particularly described as Assessors Tract 3ACB in the Northeast Quarter of the Southeast Quarter of
Section 11, Township 28 North, Range 22 West, M.P.M., Flathead County, Montana.
The Kalispell City Council, at their meeting on June 1, 2020, approved the first reading of Ordinance
1843 unanimously with Councilor Hunter abstaining.
RECOMMENDATION: It is recommended that the Kalispell City Council approve the second
reading of Ordinance 1843, an Ordinance to amend section 27.02.010, official zoning map, City of
Kalispell zoning ordinance 1677, by zoning certain real property described as Assessors Tract 3ACB
in the Northeast Quarter of the Southeast Quarter of Section 11, Township 28 North, Range 22 West,
M.P.M., Flathead County, Montana, as City R-2 (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 1843
Link to 06-01-20 materials
Aimee Brunckhorst, Kalispell City Clerk
ORDINANCE NO. 1843
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 3ACB IN THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 28
NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA AND MORE
PARTICULARLY DESCRIBED ON EXHIBIT "A", (PREVIOUSLY ZONED COUNTY R-2) TO
CITY R-2 (RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY
PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Connie Behe, 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 0.5 acres of land; and
WHEREAS, the property is located at 1100 Two Mile Drive; and
WHEREAS, Behe's petition was the subject of a report compiled by the Kalispell Planning Department,
Staff Report #KA-20-02, dated May 6, 2020, 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-20-02.
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 0.5 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 15TH DAY OF JUNE, 2020.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
EXHIBIT "A"
A tract of land, situated, lying and being in the Northeast quarter of the Southeast quarter (NE 1/4 SE 1/4) of
Section 11, Township 28 North, Range 22 West, M.P.M., Flathead County, Montana, and more particularly
described as follows: Beginning at a point 25.28 feet South and 204.27 feet West of the quarter corner on the
East side of said Section 11; thence South 89 degrees 55' 15" West, a distance of 125.00 feet; then South 00
degrees 55' 40" East, a distance of 174.60 feet; thence North 89 degrees 55' 15" East, a distance of 125.00
feet; thence North 00 degrees 55' 40" West, a distance of 174.60 feet to the Point of Beginning. Shown as
Tract 1 of Deed Exhibit 9309, recorded April 5, 1967 under Recorder's Fee 92285, records of Flathead
County, Montana.