3. Ordinance 1727 - Zoning Request - Orchard Village, LLP - 2nd ReadingPlanning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
REPORT TO: Doug Russell, City Manager V7-
FROM: Tom Jentz, Director, Kalispell Planning Department
SUBJECT Ordinance 1727 - Second Reading: Request for B-2 Zoning upon
Annexation — Orchard Village, LLP
MEETING DATE: June 17, 2013
BACKGROUND: This is the second reading on a request for an initial zoning classification of
B-2 General Business zoning upon annexation. The property is located at 57 Appleway Drive
and the %a acre tract is generally described as Tract 16A in the NW4NE4 of Section 13,
Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The applicants
indicated that they desired to construct a multi -family structure (4-plex) on an existing parcel that
already contained a single family residence. The applicants stated that they needed municipal
services to allow the project to proceed. The site lies immediately adjacent to Orchard Village
apartment complex on the south side of Appleway Drive and it is the intent of the owners to
blend this lot into the existing apartment complex.
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 B-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.1727
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 16A IN THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA,
(CURRENTLY ZONED COUNTY R-1 (SUBURBAN RESIDENTIAL) TO CITY B-2
(GENERAL BUSINESS)) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY
2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Orchard Village, LLP, 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 B-2, General
Business, on approximately one-half acre of land; and
WHEREAS, the property is located on the south side of Appleway Drive adjacent to and on the
west side of the Appleway Apartment complex; and
WHEREAS, the petition of Orchard Village, LLP was the subject of a report compiled by the
Kalispell Planning Department, Staff Report #KA-13-01, in which the Kalispell
Planning Department evaluated the petition and recommended that the property as
described above be zoned B-2, General Business, 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 B-2, General Business, 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 B-2, General Business, 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-13-01.
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 B-2, General Business, on approximately one-
half acre of land.
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 17TH DAY OF JUNE, 2013.
Tammi Fisher
Mayor
ATTEST:
Theresa White
City Clerk