2. Ordinance 1490 - Intial Zoning - Ken Kramer - 2nd ReadingREPORT TO:
FROM:
SUBJECT
MEETING .DATE:
Tri-City P141aning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
Kalispell Mayon- and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Second Reading for Initial Zoning RA-1, Low Density Residential
Apartment - 1700 Block Fifth Ave East Ken Kramer
January 20, 2004
BACKGROUND: This is the second reading of an ordinance for an initial zoning
designation of RA-1, Low Density Residential Apartment, on approximately 1.17 acres
located on the east side of Fifth Avenue East in the 1700 block. The property is
currently undeveloped but a conditional use permit was granted at the January 5,
2004 city council meeting to allow the construction of a 14 unit apartment complex.
This zoning is consistent with the RA-1 zoning along Fifth Avenue East. . .
On December 9, 2003 the Kalispell City Planning Board held a public hearing to
consider the appropriate zoning for the' property upon annexation to the city. The
planning board and planning staff have recommended approval of the proposed RA-1
zoning.
RECOMMENDATION: A motion to adopt the second reading of the ordinance for RA--
1 zoning would be in order.
FISCAL EFFECTS: Some potential positive effects once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully Submitted,
Narda A. Wi on Chris A. Kukulski
Senior Planner City Manager
Report compiled: January 14, 2004
c: Theresa White, Kalispell City Clerk
Providing Community Planning Assistance To:
• Cite of Kalispell • City of Columbia Falls • City of Whitefish •
ORDINANCE NO. 1490
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 TRACTS 5ZA AND A PORTION OF
ASSESSOR'S TRACT 5-15 LOCATED IN SECTION 17, TOWNSHIP 28 NORTH, RANGE
21 WEST, P.M.M. FLATHEAD COUNTY, MONTANA {PREVIOUSLY ZONED COUNTY
R-41) TWO FAMILY RESIDENTIAL) TO CITY RA-1 (LOW DENSITY RESIDENTIAL
APARTMENT), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020,
AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Ken Kramer, the owner of the property described above, petitioned the City of
Kalispell that the zoning classification attached to the above described tract of land
be zoned RA-1, Low Density Residential Apartment on approximately 1.17 acres of
land, and
WHEREAS, the property is located on the east side of Fifth Avenue East near the 1700 block, and
WHEREAS, the petition of Ken Kramer was the subject of a report compiled by the Tri-City
Planning Office, #KA-03-21, dated December 1, 2003, in which the Tri-City
Planning Office evaluated the petition and recommended that the property as
described above be zoned RA-1, Low Density Residential Apartment, 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-1, Low Density
Residential Apartment, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described RA-1, Low Density Residential Apartment, 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 Report No. KA-03-21.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COLTNiCIL 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 RA-1, Low Density
Residential Apartment on approximately 1.17 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 5TH DAY OF JANUARY, 2004.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk