08. Ordinance 1317 - Zone Change - Berger - 2nd ReadingFlathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Annexation and Initial R-4 Zoning - David and Deanne Berger
MEETING DATE: July 6, 1999
BACKGROUND: This is the second reading on initial zoning of R-4, a Two Family
Residential, zoning district upon annexation for approximately 0.62 acres located at
the northern boundary of Belmar Addition subdivision which the council approved
the first reading on June 21, 1999. On June 8, 1999 the Kalispell City -County
Planning Board held a public hearing to evaluate the most appropriate zoning upon
annexation and are recommending that this property be zoned R-4, Two Family
Residential, upon annexation.
RECOMMENDATION: A motion to adopt the second reading of the ordinance for R-4
zoning upon annexation would be in order.
FISCAL EFFECTS: Minor positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
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Narda A. Wilson Chris A. Kukulski
Senior Planner City Manager
Report compiled: July 1, 1999
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
ORDINANCE NO. 1317
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), THE BERGER
ADDITION NO. 292 (PREVIOUSLY ZONED COUNTY R-1, SUBURBAN
RESIDENTIAL) TO CITY R-4 (TWO FAMILY RESIDENTIAL), IN ACCORDANCE
WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, David and Deanne Berger, 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-4, Two Family Residential, and
WHEREAS, the property as described exists as property
surrounded to the North by County R-1 Zoning (100 year floodplain),
to the East by County R-1 Zoning (undeveloped), to the South by
City R-4 Zoning (Single family homes), and to the West by County R-
1 Zoning (undeveloped), and
WHEREAS, the petition of David and Deanne Berger was the
subject of a report compiled by the Flathead Regional Development
Office, #KA-99-4, dated June 1, 1999, in which the Flathead
Regional Development Office evaluated the petition and recommended
that the property as described above be zoned R-4, Two Family
Residential 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-4, Two Family Residential, 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 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-99-4.
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
the Berger Addition No. 292, as R-4, Two Family
Residential.
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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
(30) days from and after the
and approval by the Mayor.
shall be effective thirty
date of its final passage
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AND SIGNED BY THE MAYOR THIS DAY OF JULY, 1999.
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
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