16. Ordinance 1428 - Zone Change - Anthony Lupo - 2nd ReadingREPORT TO:
FROM:
SUBJECT:
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
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Second Reading on Zone Change from RA-1 to B-2
West Side of Third Ave East - Anthony Lupo
July 15, 2002
BACKGROUND: This is the second reading on a zone change request by Anthony Lupo
on approximately 1.5 acres of property located on the east side of Third Ave East
between 14th Street East and 18th Street East. The property is currently undeveloped.
The applicants are proposing to amend the zoning on the property from RA-1, Low
Density Residential Apartment, to B-2, General Business District, with the intent to
better market the property. The rezoning is an attempt to better market the property
as it has been for sale for some time. Based on the master plan for the area, the staff
and planning board are recommending approval of the request.
The Kalispell City Council approved the first reading of the zone change at their
regular meeting of July 1, 2002. The Kalispell City -County Planning Board held a
public hearing at their regular meeting of June 11, 2002 regarding the proposed
rezoning and there was no opposition from the public. The planning board
unanimously recommended that the city council approve the proposed rezoning from
RA-1, Low Density Residential Apartment, to B-2, General Business.
RECOMMENDATION: A motion to adopt the ordinance on second reading to rezone
the property from RA-1 to B-2 would be in order.
FISCAL EFFECTS:
ALTERNATIVES:
Respectfully submitted,
t
N6xda A. Wilson
Senior Planner
Potentially minor positive effects.
As suggested by the city council.
Report compiled: July 10, 2002
Chris A. Kukulski
City Manager
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls
ORDINANCE NO. 1428
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 LOTS 1 THROUGH 7, BLOCK 1, RYKER
ADDITION LOCATED IN SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY RA-1, LOW
DENSITY RESIDENTIAL) TO CITY B-2 (GENERAL BUSINESS), IN ACCORDANCE
WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Anthony Lupo, 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 B-2, General Business, and
WHEREAS, the property as described exists as property surrounded
to the North by multifamily and single family dwellings,
City B-2 and RA-1 classification, to the East by
residential, City RA-1 classification, to the South by
undeveloped and Ace Hardware, City B-2 classification,
and to the West by Outlaw Inn, City B-2 classification,
and
WHEREAS, the petition of Anthony Lupo was the subject of a report
compiled by the Tri-City Planning Office, #KA-02-1, dated
June 4, 2002, 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 the property as
described be zoned 3-2, 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 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-02-1.
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. 1175)
is hereby amended by designating the property described
as Lots 1 through 7, Block 1, Ryker Addition in Section
17 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 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 1ST DAY OF JULY, 2002.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk