E2. Ordinance 1844 - 2nd Reading - Colton Lee CommunitiesKALISPELL
REPORT TO: Doug Russell, City Manager
FROM: PJ Sorensen, Senior Planner
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannine
SUBJECT: Ordinance 1844 Second Reading —
Colton Lee Communities Initial Zoning
MEETING DATE: July 20, 2020
BACKGROUND: This is the second reading of Ordinance 1844, an ordinance to amend the
Kalispell Zoning Map and establish a zoning classification of B-2 (Commercial), based on a request
from Colton Lee Communities, LLC. The subject property is located at 216 Hutton Ranch Road to
the east of Hilton Homewood Suites, and can be more particularly described as Tract 1 of COS 21115
in the North Half of Section 31, Township 29 North, Range 21 West, P.M., M., Flathead County,
Montana.
The Kalispell City Council, at their meeting on July 6, 2020, approved the first reading of Ordinance
1844 unanimously.
RECOMMENDATION: It is recommended that the Kalispell City Council approve the second
reading of Ordinance 1844, 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 COS 21115
in the North Half of Section 31, Township 29 North, Range 21 West, P.M., M., Flathead County,
Montana, as City B-2 (General Business), 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 1844
c: Aimee Brunckhorst, Kalispell City Clerk
ORDINANCE NO. 1844
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 21115 IN THE NORTH HALF OF SECTION 31, TOWNSHIP
29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED COUNTY SAG-10) TO CITY B-2 (GENERAL BUSINESS), IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO
PROVIDE AN EFFECTIVE DATE.
WHEREAS, Colton Lee Communities, LLC, 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 B-2 on approximately 3.27 acres of land; and
WHEREAS, the property is located at 216 Hutton Ranch Road; and
WHEREAS, Colton Lee Communities, LLC's petition was the subject of a report compiled by the
Kalispell Planning Department, Staff Report #KA-20-01, dated May 6, 2020, in
which the Kalispell Planning Department evaluated the petition and recommended
that the property as described above be zoned B-2, General Business, as requested by
the petition; and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described B-2, General Business, 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-20-01.
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 B-2, General Business,
on approximately 3.27 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 20TH DAY OF JULY, 2020.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor