4. Ordinance 1411 - Initial Zoning - Gaylon Owens - 2nd ReadingREPORT TO:
FROM:
J'111:3 j yy
MEETING DATE:
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Second Reading for Initial Zoning of R-4 Upon Annexation -
Gaylon Owens Property South of Sunnyside Drive
February 19, 2002
BACKGROUND: This is a the second reading of an ordinance for an initial zoning
designation of R-4, Two Family Residential, upon annexation to the city for property
located south of Sunnyside Drive and west of Ashley Creek. The City R-4, a Two
Family Residential zoning district, has a minimum lot size of 6,000 square feet and
allows duplexes and single-family homes as permitted uses. The property contains
approximately 11.3 acres and is undeveloped except for an existing single family
home and a barn. Currently there are no development plans for the property. The
property is currently under the County zoning jurisdiction and is zoned R-1,
Suburban Residential, which has a minimum lot size requirement of one acre.
At the February 4„ 2002 regular meeting, the Kalispell City Council voted
unanimously to approve the first reading of the ordinance designating the property R-
4 upon annexation. The Kalispell City Planning Board held a public hearing at their
meeting of January 15, 2002 and unanimously recommended that the initial zoning
for this property should be R-4, Two Family Residential, upon annexation.
RECOMMENDATION: A motion to adopt the second reading of the ordinance for R-4,
Two -Family Residential, zoning upon annexation would be in order.
FISCAL EFFECTS: Minor positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
104'o�'
Narda A. Wilson Chris A. Kukulski
Senior Planner City Manager
Report compiled: February 12, 2002
c: Theresa White, Kalispell City Clerk
H:\FRDO\TRANSMIT\KALISPEL\2001\KA01-8MEMO.DOC
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish
ORDINANCE NO. 1411
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
CERTAIN REAL PROPERTY DESCRIBED AS ASSESSOR'S TRACT 8 LOCATED IN
SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-1, SUBURBAN RESIDENTIAL)
TO CITY R-4 (TWO FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE CITY -
COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Gaylon Owens/Owl Corporation, the owner of property
described above, petitioned the City of Kalispell that
the zoning classification attached to the above described
tract of land be changed to R-4, Two Family Residential,
and
WHEREAS, the property as described exists as property surrounded
to the North by single family homes, County R-1
classification, to the East by single family homes, City
R-4 and County R-1 classification, to the South by
undeveloped Stratford Subdivision, City R-4
classification, and to the West by low density
residential, and agricultural, County R-1 classification,
and
WHEREAS, the petition of Gaylon Owens was the subject of a report
compiled by the Tri-City Planning Office, #KA-01-8, dated
January 8, 2002, in which the Tri-City Planning Office
evaluated the petition and recommended that the property
as described above be zoned R-4, Two Family Residential
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-4, Two Family Residential, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described R-4, Two
Family Residential, the City Council 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-01-8.
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. 1175)
is hereby amended by designating the property described
as Assessor's Tract 8 located in Section 19 as R-4, Two
Family Residential.
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 19TH DAY OF FEBRUARY, 2002.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk