6. Ordinance 1472 - Zone Change - Rice & Terry - 2nd ReadingSUBJECT
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Tri-City Planning Office
17 Second Street East — Suite 211
Kalispefl, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
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Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Second Reading- Zone Change from RA-1 to B-2
Between Third Ave East and Fifth St East - Rice / Terry
July 21, 2003
BACKGROUND: This is the second reading on a change in zoning from RA-1, Low
Density Residential Apartment, to B-2, General Business, on property is located
between Third Avenue East and Fifth Avenue East north of Ace Hardware and east of
the Outlaw Inn. The area proposed for rezoning contains approximately one half acre
or .57 of an acre, that will be combined with the adjoining property to the north,
Assessor's Tract 5-2. The lots will be combined through a boundary line adjustment
and will contain a total area of approximately 1.63 acres. Currently this property is
undeveloped.
The Kalispell City Council approved the first reading for the change in zoning at their
regular meeting of July 7, 2003. The Kalispell City Planning Board held a public
hearing at their regular meeting of June 10, 2003 unanimously recommended
approval of the rezoning from RA-1 to B-2.
RECOMMENDATION: A motion to approve the second reading of the rezoning from
RA-1 to B-2 would be order.
FISCAL EFFECTS: Minor positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
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Narda A.
'Wtson Chris A. Kukulski
Senior Planner City Manager
Report compiled: July 15, 2003
c: Theresa White, Kalispell City Clerk
Providing Community Planning Assistance To:
• City of Kalispell - City of Columbia Falls - City of Whitefish -
ORDINANCE NO.1472
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 WEST 189 FEET OF ASSESSOR'S TRACT 5-5
LOCATED IN SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY RA-1, LOW DENSITY
RESIDENTIAL APARTMENT) TO CITY B-2 (GENERAL BUSINESS), IN ACCORDANCE
WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE
WHEREAS, Ron and Merna Terry and William C. Rice, 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 B-2, General Business, and
WHEREAS, the property is located between Third Avenue East and Fifth Avenue East north of
Ace Hardware and east of the Outlaw Inn, and
WHEREAS, the petition of Ron and Merna Terry and William C. Rice was the subject of a report
compiled by the Tri-City Planning Office, #KZC-03-1, 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 adopted the TCPO report
and recommended approval of the requested zone change, and that the property as
described above be zoned B-2, General Business, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described B-2, General Business, 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 Report
No. KZC-03-1.
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 as the west 189 feet of Assessor's
Tract 5-5 as B-2, General Business.
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 111. 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.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk