01. Ordinance 1588 - Initial Zoning - Hershberger - Autumn Creek Subdivision - 2nd ReadingREPORT TO:
FROG;
City of Kalispell
Planning Department
Kalispell Mayor and City Council
Sean Conrad, Senior Planner
James H. Patrick, City Manager
SUBJECT
Second Reading -Lee
Initial zoning of R-2,
Hathaway Lane
I EETINO DATE: October 16, 2006
17 - 2"d Strcet East, Suite 211
Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
$& Linda Hershberger -- Annexation and
Suburban Residential - Hwy 2 west and
BACKGROUND. This is the second reading on a request for an initial zoning
designation of R-2, Single Family Residential, on. approximately 8.7 acres located
north of Hwy 2 west on the east side of Hathaway Lane. The property can be described
as Assessors Tracts 6AAK, 6DI and 6AB located in Section 12, Township 28 North,
Range 22 West, P.M.M. , Flathead County, Montana. It is the intent of the property
owners to subdivide the property into 20 lots and connect the lots to city services.
The Kalispell City Council approved the first reading of the ordinance at their regular
meeting of October 2, 2006.
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 sub ` ted,
Sean Conrad James tnc
Senior Planner City Manager
Report compiled: October 10, 2006
Attachments.-
c: Theresa White, Kalispell City Clerk
ORDINANCE NO.1588
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 DESCRIBED AS ASSESSORS TRACTS 6 AK, 6DI AND 6AB LOCATED IN SECTION
12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M. FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED COUNTY R-1, SUBURBAN RESIDENTIAL) To CITY R-2 (SUBURBAN
RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND To
PROVIDE AN EFFECTIVE DATE.
WHEREAS, Lee and Linda Hershberger, 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-2, Suburban Residential, on approximately 8.69 acres of land, and
WHEREAS, the property is located north of Highway 2 West, on the east side of Hathaway Lane, and
WHEREAS, the Hershberger's petition was the subject of a report compiled by the Kalispell Planning
Department, Staff Report #KA-06-7, dated July 25, 2006, in which the Kalispell Planning
Department evaluated the petition and recommended that the property as described above be
zoned R-2, Suburban Residential, as requested by the petition, and
WHEREAS, the Kalispell Planning Board held a public hearing on August 8, 2006, and denied a
recommendation that the property as described above be zoned R-2, Suburban Residential due
to a vote of two in favor and two opposed, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described
R-2, Suburban Residential, the City Council finds such initial zoning to be consistent with the
Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth in Section 76-3-
605, 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-06-7.
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-2, Suburban Residential, on approximately
8.69 acres of land.
SECTION U. 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 be effective thirty (30) days from and after the date of
its final passage and approval by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR of THE CITY
OF KALISPELL THIS 16TH DAY OF OCTOBER, 2006.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor