5. Ordinance 1471 - Initial Zoning - GR Kirk & Co - 2nd Readingfit- *001 Z 4 Tier
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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.tricityplanning-mt.com
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Second Reading - Initial Zoning Upon Annexation of B- 1,
Neighborhood Buffer District - G.R. Kirk & Company
July 21, 2003
BACKGROUND: This is the second reading on an initial zoning designation of 13- 1, a
Neighborhood Buffer District, on property located west of Meridian Road between
Meridian Court and Second Street West and east of the Burlington Northern railroad
tract. The property contains approximately 3.6 acres and is currently undeveloped. A
six lot commercial subdivision was filed concurrently with the request for annexation
and initial zoning.
The Kalispell City Council approved the first reading of the zoning at their regular
meeting of July 7, 2003. A public hearing was held before the Kalispell City Planning
Board on June 10, 2003 regarding this matter. The Kalispell Planning Board
forwarded a recommendation to the Kalispell City Council that initial zoning for this
property should be B- 1, Neighborhood Buffer District, upon annexation to the city.
RECOMMENDATION: A motion to adopt the second reading of the ordinance for B- I
zoning upon annexation would be in order.
FISCAL EFFECTS: Minor impacts related to the provision of services.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
A,
Narda A. '4ilson Chris A. Kukulski
Senior Planner City Manager
RRIKITON
c: Theresa White, Kalispell City Clerk
Providing Community Planning Assistance To:
• City of Kalispell - City of Whitefish - City of Columbia Falls
ORDINANCE NO.1471
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 KIRK ADDITION NO. 332 AND FURTHER
DESCRIBED ON EXHIBIT "A" LOCATED IN SECTION 13, TOWNSHIP 28 NORTH,
RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED
COUNTY R-1, SUBURBAN RESIDENTIAL) TO CITY B-1 (NEIGHBORHOOD BUFFER
DISTRICT), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND
TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, G.R. Kirk Co., the owner of the property described on Exhibit "A", petitioned the
City of Kalispell that the zoning classification attached to the above described tract of
land be zoned B-2, General Business, upon annexation, and
WHEREAS, the property is located west of Meridian Road between Meridian Court and Second
Street West, and
WHEREAS, the petition of G.R. Kirk Co. was the subject of a report compiled by the Tri-City
Planning Office, #KA-03-12, dated June 2, 2003, in which the Tri-City Planning
Office evaluated the petition and recommended that the property as described above
be zoned B-2, General Business, as requested by the petition, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission amended the TCPO
report and recommended denial of the requested zone change, and that the property
as described above instead be zoned B-1, Neighborhood Buffer District, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described B-1, Neighborhood Buffer District, 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 amended findings of fact of TCPO as
set forth in Report No. KA-03-12.
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 on Exhibit "A" as B-1,
Neighborhood Buffer District, upon annexation.
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 21 ST DAY OF JULY, 2003.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
EXHIBIT "A"
Tract A of Lot 11, Tract A of Lot 12, Lot 13 excepting the East 18 8. 1 feet, Lot 14 excepting the East
188.1 feet and Lot 15 excepting the East 188.1 feet of Hollister's Meridian Tracts and Lot 13, Block
1 of Meridian Addition all in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead
County.