3. Ordinance 1494 - Initial Zoning - Ron and Sharon DeMeester - 2nd ReadingTri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
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REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Second Reading - DeMeester Initial Zoning of R-4 - West Side of
Seventh Avenue West
MEETING DATE: April 19, 2004
BACKGROUND: This is the second reading of an ordinance on a request by Ron and
Sharon DeMeester for an initial zoning designation of R-4, Two Family Residential on
approximately 0.77 of an acre. The property is located on the west side of Seventh Avenue
West south of 1Ith Street West and Sunnyside Drive. Currently this property is in the
County zoning jurisdiction and is zoned R-5, Two Family Residential.
The first reading of the ordinance was passed at the regular meeting of April 5, 2004.
RECOMMENDATION: A motion to adopt the second reading of the ordinance for R-4
zoning upon annexation would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
Narda A. Wilson Chris A. Kukulski
Senior Planner City Manager
Report compiled: April 14, 2004
TRANSMIT\KALISPEL\ 2004 \KA04- I MEM02
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish ► City of Columbia Falls •
ORDINANCE NO. 1494
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1460), BY ZONING CERTAIN REAL
PROPERTY DESCRIBED AS ASSESSOR'S TRACT 9BA LOCATED IN SECTION 18,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M. FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED COUNTY R-5, TWO FAMILY RESIDENTIAL) TO CITY R-4 (TWO
FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY
2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Ron and Sharon DeMeester, 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 0.77 acres of land, and
WHEREAS, the property is located on the west side of 7th Avenue West, north of Sunnyside Drive
and south of I lth Street West, and
WHEREAS, the petition of the DeMeesters was the subject of a report compiled by the Tri-City
Planning Office, Staff Report #KA-04-1, dated March 1, 2004, in which the Tri-City
Planning Office evaluated the petition and recommended that the property as described
above be zoned R-4, Two Family Residential as requested by the petition, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-4, Two Family 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: 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners
Etc. 590 P2d 602, the findings of fact of TCPO as set forth in Staff Report No. KA-04-1.
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 0.77 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 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 OF THE CITY OF KALISPELL AND
SIGNED BY THE MAYOR THIS 19TH DAY OF APRIL, 2004.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor