2. Ordinance 1483 - Initial Zoning - Tim Birk - 2nd ReadingTri-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
REPORT TO: Kalispell Mayor and City Council
FROM: Tom Jentz, Director
Chris A. Kukulski, City Manager
SUBJECT Tim. Birk / Three Mile Subdivision Annexation and Initial Zoning
of R-3 and RA-1
MEETING DATE: November 17, 2003
BACKGROUND: This is the second reading on an initial zoning designation of R-3,
Urban Residential on approximately 7.7 acres and RA-1, Low Density Residential
Apartment, on approximately 1.4 acres for a proposed subdivision. called Three Mile
Subdivision. A preliminary plat for 30 single-family lots and one multi -family lot has been
filed concurrently with the annexation and zoning request by Tim Birk. The property
contains approximately 9.1 acres and is located on the north side of Three Mile Drive
approximately 500 feet west of Garland. Currently the property is in the County zoning
jurisdiction and is zoned SAG-10, a Suburban Agricultural zoning district with a 10-acre
minimum lot size requirement.
The Kalispell City Council held the first reading on this initial zoning request on November
3, 2003.
RECOMMENDATION: A motion to adopt the first reading of the ordinance for R-3 and 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,
f , 3
Thomas R. Jentz Chris A. Kukulski
Director City Manager
Report compiled: November 4, 2003
c: Theresa White, Kalispell City Clerk
TRANSMIT\ KALI SPEL\ 2003 \KA03-18MEM2
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls •
ORDINANCE NO. 1483
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 THREE MILE ADDITION NO.337 AND FURTHER
DESCRIBED ON EXHIBIT "A" LOCATED IN SECTION 1, TOWNSHIP 28 NORTH,
RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED
COUNTY SAG-10, SUBURBAN AGRICULTURAL) TO CITY R-3 (SINGLE FAMILY
RESIDENTIAL) AND RA-1 (LOW DENSITY RESIDENTIAL APARTMENT), IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE
AN EFFECTIVE DATE.
WHEREAS, Tim Birk, on behalf of Thomas and Shirley Jones, the owners 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 R-3, Single
Family Residential on approximately 7.7 acres, and RA-1, Low Density Residential
Apartment on approximately 1.4 acres, upon annexation, and
"WHEREAS, the property is located on the north side of Three Mile Drive and 1/2 mile west of
North Meridian Road, and
WHEREAS, the petition. of Tim Birk was the subject of a report compiled by the Tri-City
Planning Office, #KA-03-18, dated October 6, 2003, 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 RA-1, Law Density Residential
Apartment, as requested by the petition, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission adopted the TCPO report
and recommended the property as described be zoned R-3, Single Family
Residential, and RA-1, Low Density Residential Apartment, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-3, Single Family Residential, and RA-1, 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 Report No. KA-03-18.
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 R-3, Single
Family Residential on approximately 7.7 acres, and RA-1, Low
Density Residential Apartment on approximately 1.4 acres, 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 17TH DAY OF NOVEMBER, 2003,
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT A
TIM BIRK / THREE MILE SUBDIVISION
#AKA-03-18
LEGAL DESCRIPTION FOR ANNEXATION AND ZONING
ANNEXATION BOUNDARIES
Tract 1 of Certificate of Survey 9693 and the immediately abutting portion of
Three Mile Drive located in Section 1, Township 28 North, Range 22 West,
P.M.M., Flathead County, Montana.
REQUESTED ZONING BOUNDARIES
RA-l. ZONING - An area described as follows: Commencing at the South one -
quarter corner of Section 1, Township 28N, Range 22W P.M.M. Flathead
County. Thence N 00°02'22" E a distance of 47.33' to the North right-of-way of
Three Mile Drive and the TRUE POINT of BEGINNING of the tract being
described; thence N 89°5629" E along said right-of-way, a distance of 315.31';
thence leaving said right-of-way N 01°20'07" E a distance of 189.06'; thence S
88048'52" E a distance of 316.22'; thence N 01°02'11" E a distance of 195.90
feet to the point of beginning containing an area of 53,687 square feet and
attached to this site the abutting R/W of Three Mile Drive.
R-3 ZONING Tract 1 of Certificate of Survey 9693 in Section 1, Township 28
North, Range 22 V'11-741', P.M.M., Flathead County, Montana e-cluding the area
proposed for RA-1 zoning above.