3. Ordinance 1345 - 2nd Reading - Subdivision 182REPORT TO:
FROM:
SUBJECT:
City of Kalispell
Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758
Honorable Mayor and City Council
Chris A. Kukulski, City Manager
Ordinance 1345 - 2nd Reading - Robert Rinke/Subdivision 182 Zoning
Request
MEETING DATE: January 18, 2000
BACKGROUND: At the last meeting, Council annexed and gave preliminary plat approval to
Subdivision 182, a one -acre minor subdivision located on the east side of 5th Avenue East, north
of 18th Street East. Council also approved on first reading a zoning designation of RA-1, Low
Density Residential Apartment. No changes have been made between the first and second reading.
RECOMMENDATION: The City Council approve Ordinance 1345 on second reading..
FISCAL EFFECTS: None.
ALTERNATIVES: As suggested by Council.
Respectively submitted,
Chris A. Kukulski
City Manager
Report compiled January 12, 2000
ORDINANCE NO. 1345
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), SUBDIVISION
NO. 182 (PREVIOUSLY ZONED COUNTY R-4, TWO FAMILY RESIDENTIAL) TO
CITY RA-1 (LOW DENSITY RESIDENTIAL APARTMENT), IN ACCORDANCE WITH
THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Robert Rinke, the owner of property described above,
petitioned the City of Kalispell that the zoning classification
attached to the above described tract of land be changed to RA-1,
Low Density Residential Apartment, and
WHEREAS, the property as described exists as property
surrounded to the North by County R-4 Zoning (single family and
duplex residences), to the East by County R-4 Zoning (single family
residences), to the South by County R-4 Zoning (single family
residences), and to the West by City RA-1 Zoning (single family and
multi -family residences), and
WHEREAS, the petition of Robert Rinke was the subject of a
report compiled by the Flathead Regional Development Office, #KA-
99-8, dated December 7, 1999, in which the Flathead Regional
Development Office evaluated the petition and recommended that the
property as described above be zoned RA-1, Low Density Residential
Apartment, as requested by the petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission adopted the FRDO report and recommended the property as
described be zoned RA-1, Low Density Residential Apartment, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described RA-1, Low Density
Residential Apartment, the City Council 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 FRDO as set forth in Report No. KA-99-8.
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 #1175) is
hereby amended by designating the property described as
Subdivision No. 182, as RA-1, Low Density Residential
Apartment.
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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 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 OF THE CITY OF KALISPELL
AND SIGNED BY THE MAYOR THIS DAY OF JANUARY, 2000.
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
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