15. Ordinance 1315A - Ockey - 2nd ReadingORDINANCE NO. 1315A
AN ORDINANCE AMENDING SECTIONS 27.09.040(3), 27.10.040(3), AND
27.11.040(3) OF THE KALISPELL ZONING ORDINANCE, (ORDINANCE NO.
1175), BY AMENDING THE MINIMUM SIDE YARD SETBACK TO TEN FEET IN THE
RA-1, RA-2, AND RA-3 ZONING DISTRICTS, AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, Richard Ockey has submitted a written request to
amend Section 27.09.040(3) of the Kalispell Zoning Ordinance, by
reducing the'minimum side yard setback from ten feet to ten feet
plus one additional foot for each foot over 25 feet in height in
the RA-1, Low Density Residential Apartment District, and
WHEREAS, the request was forwarded to the Kalispell City -
County Planning Board and Zoning Commission by the Flathead
Regional Development Office after having been evaluated under
27.09.040(3), Kalispell Zoning Ordinance, and
WHEREAS, FRDO evaluated the requested text amendment and
recommended, per Report #KZTA-99-4, that the minimum side yard
setback be amended from ten feet to ten feet plus five additional
feet for each increment of five feet above 25 feet in height in the
RA-1, RA-2, and RA-3 Zoning Districts, and
WHEREAS, dissenting votes on the Kalispell City -County
Planning Board and Zoning Commission recommended a ,side yard set
back of 10 feet, ; and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the text of the Kalispell Zoning
Ordinance be amended to establish that the minimum side yard
setback from ten feet to ten feet plus five additional feet for
each increment of five feet above 25 feet in height in the RA-1,
RA-2, and RA-3 Zoning Districts, and
WHEREAS, the City Council has reviewed the FRDO Report and the
transmittal from the Kalispell City -County Planning Board and
Zoning Commission and hereby adopts the findings made in Report
#KZTA-99-4 as the Findings of Fact applicable to this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KALISPELL AS FOLLOWS:
RA-1 side yard to A.wpd 1
SECTION I. The City of Kalispell Zoning Ordinance,
Ordinance No. 1175, is hereby amended as
follows:
Section 27.09.040: Property Development Standards.
... (3) Minimum Yards (FT) :
Side Yard - 10 feet
Section 27.10.040: Property Development Standards.
... (3) Minimum Yards (FT) :
Side Yard - 10 feet
Section 27.11.040: Property Development Standards.
... (3) Minimum Yards (FT) :
Side Yard - 10 feet
SECTION II. All parts and portions of Ordinance No. 1175
not amended hereby remain unchanged.
-SECTION III. This Ordinance shall take effect thirty (30)
days after its final passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE
MAYOR OF THE CITY OF KALISPELL THIS DAY OF JUNE, 1999.
Wm E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
RA-1 side yard to A.wpd ;2