4. Ordinance 1346 - 2nd Reading - Telemon, Inc.REPORT 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 1346 - 2nd Reading - Doris Hulbert and Telmon, Inc. Zone
Change Request
MEETING DATE: January 18, 2000
BACKGROUND: At the last meeting, Council approved on first reading a zone change request
on approximately 2.0 acres west of North Meridian Road on the north side of Three Mile Drive. A
zone change is required before Telmon, Inc. will purchase the property from Doris Hulbert for the
purposes of developing an office building. They are requesting the zoning designation be changed
from R-3, a Single -Family Residential district to R-5, a Residential/Professional Office district..
The Planning Board voted in favor of the change at its meeting December 14th. No changes have
been made between the first and second reading.
RECOMMENDATION: The City Council approve Ordinance 1346 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. 1346
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
CERTAIN REAL PROPERTY DESCRIBED IN EXHIBIT "A"
RESIDENTIAL/PROFESSIONAL OFFICE, R-5, IN ACCORDANCE WITH THE CITY -
COUNTY MASTER PLAN, AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, Doris Hulbert and Telmon, Inc., the owners of
property described above, petitioned the City of Kalispell that the
zoning classification attached to the above described tract of land
be changed to R-5, Residential/Professional Office, and
WHEREAS, the property, currently zone Residential, R-5, is
surrounded to the North by utility company storage and office, P-1
classification, to the East by single family homes and the UPS
office, R-3 and I-1 classification, to the South by single family
homes and medical office, B-1 classification, and to the West by
single family homes, R-3 classification, and
WHEREAS, a report compiled by the Flathead Regional
Development Office, #KZC-99-6, dated December 7, 1999, recommended
that the property as described above be zoned R-5,
Residential/Professional Office 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 R-5, Residential/Professional Office, 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 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. KZC-99-6.
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 in
Exhibit "A" as R-5, Residential/Professional Office.
SECTION II. The balance of Section 27.02.010, Official
Zoning Map, City of Kalispell Zoning Ordinance not
1
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
EXHIBIT A
LEGAL DESCRIPTION FOR
TELMON, INC. ZONE CHANGE FROM R-3 TO R-5
This property can be described as follows:
The east 264 feet of the west 396 feet of the south half of Lot 20 , Block 1,
Northwest Tracts located in Section 1, Township 28 North, Range 22 West,
P.M.M, Flathead County, Montana and containing approximately 2.0 acres and
as recorded in Book 417, Page 114, Flathead County Clerk and Recorders
Office.