3. Ordinance 1497 - Initial Zoning - Lance & Posten - 2nd ReadingREPORT TO:
FROM:
SUBJECT
MEETING DATE:
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax:(406) 751-1858
tricity@centurytel.net
www. tri ci typ la n n in g-m t.co m
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Second Reading for an Initial RA -I Zoning - 700 Block of Liberty Street
May 17, 2004
BACKGROUND: This the second reading for an initial zoning designation of RA-1, Low
Density Residential Apartment on approximately 5,000 square feet for property that lies on
the north side of Liberty Street at its western terminus.
The Kalispell City Council approved the first reading of the zoning designation at their
regular meeting of May 3, 2004.
RECOMMENDATION: A motion to adopt the second reading of the ordinance for RA-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,
Narda A `W 1# son, Chris E1. Kukulski
Senior Planner City Manager
Report compiled: May 12, 2004
c: Theresa White, Kalispell City Clerk
TRANSMIT\KALISPEL\2004\KA04-3.MEM02
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls
ORDINANCE NO. 1497
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 THE ABANDONED PORTION OF KINSHELLA AVENUE
ADJACENT TO AND WEST OF LOT 5 OF LIBERTY VILLAGE IN SECTION 12, TOWNSHIP
28 NORTH, RANGE 22 WEST, P.M.M. FLATHEAD COUNTY, MONTANA (PREVIOUSLY
ZONED COUNTY R-1, SUBURBAN RESIDENTIAL) TO CITY RA-1 (LOW DENSITY
RESIDENTIAL APARTMENT), IN ACCORDANCE WITH THE KALISPELL GROWTH
POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Robert Lance and Kathryn Posten, 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 RA-1, Low Density Residential Apartment, on 5,000 square feet of land,
and
WHEREAS, the property is located on the north side of Liberty Street at its western terminus, and
WHEREAS, the Lance/Posten petition was the subject of a report compiled by the Tri-City Planning
Office, Staff Report #KA-04-3, dated April 6, 2004, 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, after considering all the evidence submitted on the proposal to zone the property as
described RA- I, 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 Staff
Report No. KA-04-3.
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-1, Low Density Residential Apartment
on 5,000 square feet of land.
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 THIS 17TH
DAY OF MAY, 2004.
Pamela B. Kennedy
ATTEST: Mayor
Theresa White
City Clerk