4. Ordinance 1485 - Initial Zoning - Johnson - 2nd ReadingTri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
trieity@centnrytel.net
www.tricityptanning-mt.com
REPORT TO: Kalispell Mayor and City Council
FROM: Thomas R. Jentz, Director
Chris A. Kukulski, City Manager
SUBJECT Larry and Arlene Johnson - Annexation and Initial Zoning of I-1
MEETING DATE: November 17, 2003
BACKGROUND: This is the second reading on a request by Larry and Arlene Johnson for
an initial zoning designation of 1-1, Light Industrial on .34 acres of land located on the west
side of US 93 South immediately behind Burton's Appliance. This request was filed
concurrently with a request for annexation. It is the applicants' desire to annex into the
city so that they can hook up to municipal water and sewer facilities adjacent to their
property. The Kalispell City Council held the first reading on this initial zoning request on
November 3, 2003.
RECOMMENDATION: A motion to adopt the second reading of the ordinance for R-3
zoning upon annexation would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the City Council.
Respectfully submitted,
Thomas R. Jentz i Chris A. Kukulski
Director City Manager
Report compiled: November 4, 2003
c: Theresa White, Kalispell City Clerk
TRANSMIT\ KALISPE .\ 20031 KA03-17MEM2
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia .Falls •
ORDINANCE NO. 1485
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 JOHNSON ADDITION NO. 339 AND FURTHER
DESCRIBED ON EXHIBIT "A" LOCATED IN SECTION 20, TOWNSHIP 28 NORTH,
RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED
COUNTY B-2, GENERAL BUSINESS) TO CITY I-1 (LIGHT INDUSTRIAL), IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE
AN EFFECTIVE DATE.
WHEREAS, Larry and Arlene Johnson, 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 1-1, Light Industrial on approximately.34 acres upon
annexation, and
WHEREAS, the property is located between the Kalispell City Airport and US Highway 93 South,
behind Burton's Appliance, and
WHEREAS, the petition of Larry and Arlene Johnson was the subject of a report compiled by the
Tri-City Planning Office, #KA-03-17, dated October 6, 2003, in which the Tri-City
Planning Office evaluated the petition and recommended that the property as
described above be zoned 1-1, Light Industrial, 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 1-1, Light Industrial, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described 1-1, Light Industrial, 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 ofTCPO as set forth in Report
No. KA-03-17.
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 1-1, Light
Industrial on approximately. 34 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
LARRY AND ARLENE JOHNSON - #KA-03-17
LEGAL DESCRIPTION FOR ANNEXATION AND I-1 ZONING
Parcel B of COS# 8340, Records of Flathead County in Section 20, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana.