1. Ordinance 1718 - Zone Change Request - 2nd ReadingPLANNING FOR THE FUTURE
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REPORT TO: Doug Russell, City Manager
FROM: Sean Conrad, Senior Planner
Planning Department
2011" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/p
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SUBJECT Second Reading: Tanner etal, zone change request from R-3 to R-4
MEETING DATE: December 17, 2012
BACKGROUND: This is the second reading on a request from Natasha Tanner etal, for a zone change on
three lots from R-3 (Residential) to R-4 (Residential). The three lots are located in the Park View Terrace
subdivision on the north side of Indian Trail Road. The lot addresses are 50 Rising Sun Circle, 70 Rising Sun
Circle and 202 Farview Drive. The lots can be legally described as lots 1, 3 and 7 of Block 2 of the Park View
Terrace subdivision. The lots are located in Section 6, 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 December 3,
2012.
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,
Sean Conrad
Senior Planner
Report compiled: December 10, 2012
c: Theresa White, Kalispell City Clerk
ORDINANCE NO. 1718
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 LOTS 1, 3 AND 7 OF
BLOCK 2 OF THE PARK VIEW TERRACE SUBDIVISION, LOCATED IN SECTION 6,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA,
(CURRENTLY ZONED CITY R-3 (RESIDENTIAL) TO CITY R-4 (RESIDENTIAL)) IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE
AN EFFECTIVE DATE.
WHEREAS, Natasha Tanner, one of the owners of the properties described above, petitioned the
City of Kalispell that the zoning classification attached to the above described tract of
land, currently zoned City R-3, Residential, be zoned R-4, Residential, on
approximately 20,712 square feet of land; and
WHEREAS, the properties are lots 1, 3 and 7 in the Park View Terrace subdivision; and
WHEREAS, the petition of Natasha Turner was the subject of a report compiled by the Kalispell
Planning Department, Staff Report #KZC-12-02, in which the Kalispell Planning
Department evaluated the petition and recommended that the property as described
above be zoned R-4, Residential, pursuant to Kalispell City Code 27.29.020; and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on November
13, 2012, and recommended that the zoning be City R-4, 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, 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. KZC-12-02.
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 above as R-4, Residential, on approximately 20,712
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.
Ordinance 1718 —Tanner Zone Change
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 17TH DAY OF DECEMBER, 2012.
ATTEST:
Theresa White
City Clerk
Tammi Fisher
Mayor
Ordinance 1718 —Tanner Zone Change