2. Ordinance 1626 - Initial Zoning - Lonnie and Kim Buchholtz - 2nd ReadingREPORT TO.
FROM:
SUBJECT
MEETING DATE;
City of Kalispell
Planning Department
17 - 2nd Stream East, Suite 211
Kalispell, Montana 59901
Telephone: (406) 75 I r-1. 850
Fax: (406) 751--1858
Website: kalispellplanning.corn
Kalispell Mayor and City Council
Nicole C . Johnson, Planner II
James H. Patrick, City Manager
Second Reading: Lonnie Buchholtz - Initial Zoning of R-4, Two
Family Residential
January 22, 2008
BACKGROUND: This is the second reading on an initial zoning designation of R-4
(Two -Family Residential) for a property approximately 0.47 of an acre in size. The
single lot is located on the west side of 7th Avenue West between 11 street West and
Sunnyside Drive. The property is addressed 1312 7thAvenue West and can be legally
described as Lot 3 of Western Acres subdivision located in Section 18, 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 on January 7, 2008.
RECOMMENDATION: A motion to approve the second reading of the ordinance for
initial zoning would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
..............
Nicole C. Johnson
Planner II
Report compiled: January 14, 2008
c: Theresa White, Kalispell city Clerk
James .Patrick
City Manager
ORDINANCE NO, 1626
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460)9 BY ZONING CERTAIN
REAL PROPERTY MORE PARTICULARLY DESCRIBED AS LOT 3 OF WESTERN
ACRES SUBDIVISION LOCATED IN SECTION 18, TOWNSHIP 28 NORTH, RANGE 21
WEST, FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-5, TWO
FAMILY RESIDENTIAL) TO CITY RW4 (TWO FAMILY RESIDENTIAL) IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND To PROVIDE
AN EFFECTIVE DATE.
WHEREAS, Lonnie and Kim Buchholtz, the owners of the property described above, petitioned
the City of Kalispell that the zoning classification attached to the above described
tract of land be zoned R-4, Two Family Residential, on approximately 0.47 acres of
land, and
WHEREAS, the property is located on the west side of 7th Avenue West, south of 11 th Street
West, and
WHEREAS, the petition of Lonnie and Kim Buchholtz was the subject of a report compiled by the
Kalispell Planning Department, Staff Report #KA-07-1.9, in which the Kalispell
Planning Department evaluated the petition and recommended that the property as
described above be zoned R-4, Two Family Residential, and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on December
M 2007, and recommended that the zoning be City R-4, Two Family Residential,
and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described RA Two Family 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. KA-07-19.
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. 1460) is hereby amended by designating the
property described above as R-4, Two Family Residential on approximately
0.47 acres.
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 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 22ND DAY OF JA.NUARY, 2008.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk