2. Ordinance 1726 - Zoning Request - Marilynn Richter - 2nd ReadingPLANNING FOR THE FUTURE
REPORT TO: Doug Russell, City Manager 172—
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kaBspell.com/planning
FROM: Tom Jentz, Director, Kalispell Planning Department
SUBJECT Ordinance 1726 - Second Reading: Request for R-2 Zoning upon
Annexation - Marilynn Richter
MEETING DATE: June 17, 2013
BACKGROUND: This is the second reading on a request for an initial zoning classification of
R-2 Residential zoning upon annexation. The property is located at 205 Leisure Drive and is
located on the east side of Leisure Drive immediately north of the Leisure Drive subdivision
homeowner's park. The 3/ acre tract is described as tract 3D in the NW4NW4 of Section 21,
Township 28 North, Range 21 West P.M.M., Flathead County, Montana. The applicant
indicated that her septic tank had failed and that she desired to hook up to municipal sewer.
The Kalispell City Council approved the first reading of the ordinance at their regular meeting of
June 3, 2013
RECOMMENDATION: Approve the second reading of the ordinance for the R-2 zoning.
district.
FISCAL EFFECTS: Approval of the request would have minimal fiscal effect to the City.
ALTERNATIVES: Deny the request.
Respectfully submitted,
Tom Jentz
Director
Report compiled: June 5, 2013
c: Theresa White, Kalispell City Clerk
ORDINANCE NO.1726
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1677), BY ZONING CERTAIN
REAL PROPERTY MORE PARTICULARLY DESCRIBED AS TRACT 3D IN THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA,
(CURRENTLY ZONED COUNTY R-1 (SUBURBAN RESIDENTIAL) TO CITY R-2
(RESIDENTIAL)) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020,
AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Marilynn Richter, the owner of the property described above, petitioned the City of
Kalispell that the zoning classification attached to the above described tract of land,
currently zoned County R-1, Suburban Residential, be zoned R-2, Residential, on
approximately three quarters of an acre of land; and
WHEREAS, the property is located on the east side of Leisure Drive adjacent to the Leisure
Heights Homeowner's Park; and
WHEREAS, the petition of Marilynn Richter was the subject of a report compiled by the Kalispell
Planning Department, Staff Report #KA-13-02, in which the Kalispell Planning
Department evaluated the petition and recommended that the property as described
above be zoned R-2, Residential, pursuant to Kalispell City Code 27.29.020; and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on May 14,
2013, and recommended that the zoning be City R-2, Residential, pursuant to
Kalispell City Code 27.29.030; and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-2, 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-13-02.
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. 1677) is hereby amended by designating the
property described above as R-2, Residential, on approximately three
quarters of an acre of land.
SECTIONII. 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 17TH DAY OF JUNE, 2013.
Tammi Fisher
Mayor
ATTEST:
Theresa White
City Clerk