3. Ordinance 1687 - Zone Change - Wheeler - 2nd ReadingREPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Jane Howington, City Manager
SUBJECT Second Reading: Wheeler zone change from R-3 to R-5
MEETING DATE: November 15, 2010
BACKGROUND: This is the second reading on a request from Sherry wheeler to change the zoning on her
property from R-3, Urban Single Family Residential, to R-5, Residential/Professional office. The property is
currently a vacant lot, 5,750 square feet in size. The property is located on the south side of Liberty Street
between the State Farm Insurance office located at the corner of Liberty Street and N. Meridian Road and 116
Liberty Street. The property can be legally described as lot 3 of block 7, Adams Addition located in Section
12, Township 28 North, Range 22 west.
The Kalispell City Council approved the first reading of the ordinance at their regular meeting of November 1,
2010.
RECOMMENDATION: A motion to approve the second reading of the ordinance for the zone change
would be in order.
FISCAL EFFECTS: Not applicable
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
C�
Sean Conrad
Senior planner
Report compiled: November 9, 2010
c: Theresa white, Kalispell City Clerk
c
lane Howington
City Manager
AN ORDINANCE TO AMIEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO, 1677)9 BY ZONING CERTAIN
REAL PROPERTY MORE PARTICULARLY DESCRIBED AS LOT 3 OF BLOCK 7,
.ADAMS ADDITION LOCATED IN SECTION 12, TOWNSHIP 28 NORTH, RANGE 22
WEST, P.I.M., FLATHEAD COUNTY, MONTANA., (CURRENTLY ZONED CITY R-3
(RESIDENTIAL) TO CITY R-5 (RESIDENTIALIPROFESSIONAL OFFICE)) IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND To PROVIDE
WHEREAS, Sherry Wheeler, the owner of the property described above, petitioned the City of
Kalispell that the zoning classification attached to the above described tract of land,
currently zoned R-3 (Residential), be zoned R-5, Residential/Professional Office, on
approximately 8,750 square feet of land, and
WHEREAS, the property is located on the south side of Liberty Street between the State Farm
Insurance office located at the corner of Liberty Street and North Meridian Road and
116 Liberty Street, and
WHEREAS, the petition of Sherry wheeler was the subject of a report compiled by the Kalispell
Planning Department, Staff Report #KzC- l0-01, in which the Kalispell Planning
Department evaluated the petition and recommended that the property as described
above be zoned R-5, Res idential/Professional Office, pursuant to Kalispell City Code
27.29.020, and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on October 12,
2010, and recommended that the zoning be City R-5, ResidentiallProfessional Office,
pursuant to Kalispell City Code 27.29.030, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-5, Residential/Professional Office, the City Council finds such zoning to
be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the
criterion set forth in Section 76-3-608, M.C.A., and State Etc. v. Board of Count
Commissioners Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff
Report No. KAµ 10-01.
NOW THEREFORE, BE IT ORDAINED BY THE CTT'Y COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. 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-5, Res identiallProfessional Office, on
approximately 8,750 square feet of land.
SECTION II. 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 III. This Ordinance shall take effect from and after 30 days of its passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, TIIIS 15TH DAY OF NOVEMBER, 2010.
Tammi Fisher
Mayor
ATTEST:
Theresa White
City Clerk.