3. Ordinance 1500 - Zone Change - Calaway/Mohrenweiser - 2nd ReadingTri-City Planning Office
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Kalispell, Montana 59901
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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 - Richard & Judith Mohrenweiser/Tim Calaway
- Zone Change Request from R-3 to RA-3 north of Underhill Street
MEETING DATE: June 21, 2004
BACKGROUND: This is the second reading of an ordinance approving a request by
Tim Calaway on behalf of Richard & Judith Mohrenweiser for a change in zoning from
R-3 to RA-3. This property is located east of North Meridian Road, west of Highway
93 and north of Underhill Street. The RA-3, a Residential Apartment / Office zoning
district allows for multi -family dwellings as a conditional use. The area proposed for
rezoning contains approximately 2.91 acres.
The Kalispell City Council approved the first reading of the ordinance at their regular
meeting of June 7, 2004 concurrent with a conditional use permit to allow the
construction of 67 multi -family dwellings.
RECOMMENDATION: A motion to approve the second reading of the ordinance
amending the zoning from R-3 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 Chris A. Kukulski
Senior Planner City Manager
Report compiled: June 17, 2004
c: Theresa White, Kalispell City Clerk
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls
ORDINANCE NO. 1500
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 TRACTS 1 AND 2 OF CERTIFICATE OF SURVEY
11786 IN SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M. FLATHEAD
COUNTY, MONTANA (PREVIOUSLY ZONED CITY R-3, SINGLE FAMILY
RESIDENTIAL) TO CITY RA-3 (RESIDENTIAL APARTMENT/OFFICE), IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE
AN EFFECTIVE DATE.
WHEREAS, Richard and Judith Mohrenweiser, the owners of the property described above, and
Tim Calaway, the purchaser of the property, petitioned the City of Kalispell that the
zoning classification attached to the above described tract of land be zoned RA-3,
Residential Apartment/Office on approximately 2.91 acres of land, and
WHEREAS, the property is located east of North Meridian Road, west of Highway 93 and north of
Underhill Court, and
WHEREAS, the petition of the Mohrenweisers and Calaway was the subject of a report compiled
by the Tri-City Planning Office, Staff Report #KZC-04-1, dated May 4, 2004, 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, 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 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. KZC-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 RA-3, Residential
Apartment/Office on approximately 2.91 acres.
SECTION H. 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 THIS
21ST DAY OF JUNE, 2004.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor