04. Ordinance 1510 - Initial Zoning - Heuscher - Stillwater Bluffs - 2nd ReadingREPORT TO:
FROM:
SUBJECT
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centu rytel. net
www.tricitypianning-mt.com
Kalispell Mayor and City Council
Narda A. Wilson., Senior Planner
Frank Garner, Interim City Manager
Second Reading - Initial Zoning Upon Annexation of R-3 and
R-4, Country Way South for Stillwater Bluff Subdivision
MEETING DATE: October 18, 2004
BACKGROUND: This is the second reading of an ordinance on a request by Larry and
Sandy Heuscher for an initial zoning designation of R-3, Urban Single Family Residential,
and R-4, Two Family Residential, on approximately 12.45 acres. The first reading of the
initial zoning and preliminary plat of Stillwater Bluffs, a 32 lot subdivision, was approved
by the Kalispell City Council at their regular meeting of October 4, 2004.
A public hearing was held before the Kalispell City Planning Board at a meeting on August
10, 2004 regarding this proposal who recommended approval of the proposed R-3 and R-4
zoning.
RECOMMENDATION: A motion to adopt the first reading of the ordinance for R-3 and 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,
a
Narda A. it on, rank Garner
Senior Planner Interim City Manager
Report compiled: October 13, 2004
c: Theresa White, Kalispell City Clerk
TRANSMIT" KALISPEL\2004\KA04-9MEM03
Providing Community Planning assistance To:
City of Kalispell • City of Whitefish • City of Columbia Falls
ClI ft i y. Mll C1 71
AN ORMNANC".E TO AMFNII CECT1ON 7.7_fi2_fllfi_ OFFICIAL ZONING MAP_ C'ITV OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1460), BY ZONING CERTAIN
REAL PROPERTY DESCRIBED AS ASSESSOR'S TRACTS 5H AND 5IIA IN SECTION 311)
TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M. FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED COUNTY R-1, SUBURBAN RESIDENTIAL) TO CITY R-3 AND
CITY R-4 (SINGLE AND TWO FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE
KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Larry and Sandy Heuscher, the owners ofthe property described above, petitioned the
City of Kalispell that the zoning classification attached to the above described tract of
land be zoned .R-3, Single Family Residential., on approximately 2.75 acres of land,
and City R-4, Two Family Residential, on approximately 9.25 acres of land, and
WHEREAS, the property is located on the east side of Country Way South between Granrud Lane
and County Way, and
WHEREAS, the Heuscher's petition was the subject of a report compiled by the Tri-City Planning
Office, Staff Report #KA-04-9, dated August 2, 2004, in which the Tri-City Planning
Office evaluated the petition and recommended that the property as described above
be zoned R-3, Single Family Residential and R-4, Two Family Residential as
requested by the petition, and
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VV "r 1er.tv�, alter collstueflug Batt one evjuence sumittLeu oil UIC propoNul to zone UIC property as
described R-3, Single Family Residential and 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. Hoard of County Commissioners, Etc, 590 P2d 602, the findings of fact
of TCPO as set forth in Staff Report No, KA-04-9.
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, Single Family
Residential on approximately 2.75 of land, and R-4, Two Family
Residential on approximately 9.25 acres 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 AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS I8TH DAY OF OCTOBE& 2004.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor