3. Ordinance 1684 - Initial Zoning - Trinidad Holdings, LLP - 2nd ReadingREPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Jane Howington, City Manager
SUBJECT Second Reading - Trinidad Holdings, LLP initial zoning of R-4 (Residential)
MEETING DATE: October 18, 2010
BACKGROUND: This is the second reading on a request for an initial zoning designation of R-4
(Residential) on a property totaling approximately 0.90 of an acre in size. The property is located on
the west side of 81h Avenue West approximately 200 feet south of the intersection of 8`h Avenue West
and 101h Street West. The property address is 1010 8th Avenue West and spans from 8th Avenue West
to Ashley Creek. The property can be described as Lot 5 of Block 13 of High School Addition to
Kalispell, records of Flathead County, Montana; excepting therefrom the northerly 12.47 feet within
Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
The Kalispell City Council approved the first reading of the ordinance at their regular meeting of
October 4, 2010.
RECOMMENDATION: A motion to approve the resolution annexing the property and a motion to
approve the first reading of the ordinance for initial zoning of R-4 (Residential) would be in order.
FISCAL EFFECTS: The cost of services analysis indicates the annexation will cost the city
to serve the property. However, with properties immediately adjacent to the city limits the costs to
our streets, parks, etc. are already being experienced with no tax compensation. Annexing the
property and the accompanying city taxes would help to pay for the services and impacts to city
infrastructure.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted
Sean Conrad
Senior Planner
Report compiled: October 11, 2010
c. Theresa White, Kalispell City Clerk
HIGH SCHOOL ADDITIONTO KALISPELL, RECORDS OF • i COUNTY,
i,NTANA; EXCEPTING THEREFROM NORTHERLY ,
SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA, AND MORE PARTICULARLY DESCRIBED ON
FAMILY RESIDENTIAL)) IN ACCORDANCE WITH THE KALISPELL GROWTH
POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Trinidad Holdings, LLP, the owners 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-4, Two Family Residential, on approximately 0.90 acres of land, and
WHEREAS, the property is located on the on the west side of Eighth Avenue West approximately
200 feet south of the intersection of Eighth Avenue West and Tenth Street West, and
WHEREAS, the petition of Trinidad Holdings, LLP, was the subject of a report compiled by the
Kalispell Planning Department, Staff Report #KA-10-04, in which the Kalispell
Planning Department evaluated the petition and recommended that the property as
described above be zoned R-4, Two Family Residential, pursuant to Kalispell City
Code 27.29.020, and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on September
14, 2010, and recommended that the zoning be City R-4, Two Family Residential,
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-4, Two Family Residential, 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 County
Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff
Report No. KA-10-04.
NOW THEREFORE, BE IT ORDAINED BY THE CITY 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 on Exhibit "A" below as R-4, Two Family Residential,
on approximately 0.90 acres of land.
SECTION H. 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, THIS 18TH DAY OF OCTOBER, 2010.
ATTEST:
Theresa White
City Clerk
Tammi Fisher
Mayor
EXHIBIT A
LEGAL DESCRIPTION
" ` 1 1 l 1 ",.
A tract of land in the Northeast Quarter of the Southwest Quarter of Section 18, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana, more particularly described as follows:
Lot 5 of Block 13 of High School Addition to Kalispell, records of Flathead County, Montana;
excepting therefrom the northerly 12.47 feet.