2. Ordinance 1493 - Zoning - Duo Corp and Gardner Investments - 2nd ReadingTri-City Planning Office
17 Second Street Fast — Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
tricity@centurytel.net
www.tricityplanning-mt.com
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Second Reading for Initial Zoning of R-3 and P-1 - North Side of
California Street Between 5th Ave EN and 6th Ave EN
MEETING DATE: March 15, 2004
BACKGROUND: This is the second reading for an initial zoning designation of R-3, Urban
Residential on approximately 1.607 acres and P-1, Public, on approximately 6.824 acres for
a total of 8.431 acres located on the north side of California Street between 5th Ave EN and
6th Ave EN.
On March 1, 2204 the Kalispell City Council adopted the first reading of the ordinance.
The planning board unanimously voted to forward a recommendation that initial zoning for
this property should be R-3 and P-1 upon annexation.
RECOMMENDATION: A motion to adopt the second reading of the ordinance for R-3 and
P-1 zoning upon annexation would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
arda A. Wi son, Chris A. Kukulski
Senior Planner City Manager
Report compiled: March 11, 2004
c: Theresa White, Kalispell City Clerk
TRANSMIT\KALISPEL\2oo3\KA03 20MEM02
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls •
ORDINANCE NO. 1493
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 23A+LOCATED IN SECTION
8, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M. FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED COUNTY R-1, SUBURBAN RESIDENTIAL) TO CITY R-3
(URBAN SINGLE FAMILY RESIDENTIAL) AND P-1 (PUBLIC), IN ACCORDANCE
WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE
DATE.
WHEREAS, Gardner Investments, L,LC and Duo Corp Construction, 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-3, Urban Single Family
Residential on 1.607 acres of land and P-1, Public on approximately 6.824 acres of
land, and
WHEREAS, the property is located on the north side of California Street between Fifth Avenue
East North and Sixth Avenue East North, and
WHEREAS, the petition of Gardner Investments and Duo Corp was the subject of a report
compiled by the Tri-City Planning Office, Amended Staff Report ##KA-03-20, dated
February 4, 2004, in which the Tri-City Planning Office evaluated the petition and
recommended that the property as described above be zoned R-3, Urban Single
Family Residential and P-1, Public, as requested by the petition, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-3, Urban Single Family Residential and P-1, Public, 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, E_ tc. 590 P2d 602, the findings of fact of TCPO
as set forth in Amended Staff Report No. KA-03-20.
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-3, Urban Single
Family Residential on 1.607 acres and P-1, Public, on approximately
6.824 acres.
SECTION IL 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 15TH DAY OF MARCH, 2004.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk