6. Ordinance 1543 - Zone Change - Potthoff, Allison & Executive Plaza Partnership - 2nd ReadingREPORT TO:
SUBJECT
MEETING DATE:
City of Kalispell
Planning Department
17 - 2,d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
James H. Patrick, City Manager
Second Reading - Potthoff, et al Zone Change Request from R-4 to
RA-3 - First Ave East and Fifth Street East
July 18, 2005
BACKGROUND: This is the second reading of an ordinance regarding a request by
several property owners on the south side of Fifth Street East between Main Street and
Second Avenue for a change in zoning from R-4, Two Family Residential, to RA-3,
Residential Apartment / Office, on approximately 0.65 of an acre. The properties
where the zone change is proposed are already developed with professional offices
specifically dental and law offices. These offices exist as nonconforming uses and are
restricted with regard to changes to the building and property. The change in zoning
will bring the properties into compliance with regard to the use.
The Kalispell City Council approved the first reading of the ordinance at their regular
meeting of July 5, 2005.
RECOMMENDATION: A motion to adopt the second reading of the ordinance
approving the zone change from R-4 to RA-3 would be in order
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
Narda A. Wilson, James H�atr�ck
Senior Planner City Manager
Report compiled: July 12, 2005
c: Theresa White, Kalispell City Clerk
ORDINANCE NO. 1543
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1.460), BY ZONING CERTAIN
REAL PROPERTY DESCRIBED AS LOTS 11 16, 17, AND 18 IN BLOCK 84 AND LOTS 1,
2, AND 3 IN BLOCK 85, KALISPELL ORIGINAL TOWNSHIP IN SECTION 18,
TOWNSHIP 28 NORTH, .RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED CITY R-4, TWO FAMILY RESIDENTIAL) TO CITY RA-3
(RESIDENTIAL APARTMENT/OFFICE), IN ACCORDANCE WITH THE KALISPELL
GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE,
WHEREAS, Ronald B. Potthoff, Bruce A. Allison and Executive Plaza Partnership, 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 rezoned RA-3,
Residential Apartment/Office, and
WHEREAS, the property is located on the south side of Fifth Street East between Main Street and
Second Avenue East, and
WHEREAS, the petition of Ronald B. Potthoff, et al. was the subject of a report compiled by the
Tri-City Planning Office, #KZC-05-4, dated June 7, 2005, in which the Tri-City
Planning Office evaluated the petition and recommended that the property as
described above be zoned RA-3, Residential Apartment/Office, as requested by the
petition, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission adopted the TCPO report
and recommended the property as described be zoned RA-3, Residential
Apartment/Office, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described RA-3, Residential Apartment/Office, 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 Count
Commissioners, Etc, 590 P2d 602, the findings of fact of TCPO as set forth in Report
No. KZC-05-4.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. Section 27.02.01.0, of the Official Zoning Map of the Kalispell
Zoning Ordinance, (Ordinance No. 1.460) is hereby amended by
designating the property described above as RA-3, Residential
Apartment/Office.
SECTION 11. 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.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 18TH DAY OF JULY, 2005,
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk