Ordinance 1837 - Zone Change - MDT/Two Mile DriveORDINANCE 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.
ark Johns
ATTEST: ���`�� - or
SEAL I-
(� 1 892
Judi Funk
Deputy City Clerk