10. Ordinance 1390 - Initial Zoning - Bangs - 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
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Second Reading for Initial Zoning of RA-1 — Neil Bangs
MEETING DATE: August 20, 2001
BACKGROUND: This is the second reading on the zoning for property annexed into
the city located on the east side of Fifth Avenue East and north of 18th Street at 1613
Fifth Ave East. There is a single family dwelling on the west portion of the parcel
which is zoned City RA-1, Low Density Residential Apartment, while the east portion
of the property is currently in the County zoning jurisdiction and is zoned County R-
4, a Two Family Residential,
On August 6, 2001 the city council approved the proposed zoning of RA-1 upon
annexation during the first reading. On July 10, 2001 the Kalispell City -County
Planning Board held a public hearing and unanimously recommended that the initial
zoning for this property should be RA-1, Low Density Residential Apartment,
Residential, upon annexation.
RECOMMENDATION: A motion to adopt the second reading of the ordinance for RA-
1 zoning upon annexation would be in order.
FISCAL EFFECTS: Minor positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
Narda A. Wilson Chris A. Kukulski
Senior Planner City Manager
Report compiled: August 15,2001
c: Theresa White, Kalispell City Clerk
H:\FRDO \TRANSMIT\KALISPEL \2001 \KA01-2MEMO.DOC
Providing Communitv Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls
ORDINANCE NO. 1390
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 A PORTION OF ASSESSOR'S TRACT 5-
3 IN SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA (PREVIOUSLY ZONED CITY RA-1, LOW DENSITY
RESIDENTIAL APARTMENT AND COUNTY R-4, TWO FAMILY RESIDENTIAL) TO
CITY RA-1 (LOW DENSITY RESIDENTIAL APARTMENT), IN ACCORDANCE WITH
THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Neil Bangs, 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 RA-1, Low Density Residential
Apartment, and
WHEREAS, the property as described exists as property surrounded
to the North by single family homes and undeveloped,
County RA-1 classification, to the East by single family
homes, County RA-1 classification, to the South by single
family homes and undeveloped, County RA-1 classification,
and to the West by single family homes, City RA-1
classification, and
WHEREAS, the petition of Neil Bangs was the subject of a report
compiled by the Flathead Regional Development Office,
4KA-01-2, dated July 3, 2001, in which the Flathead
Regional Development Office evaluated the petition and
recommended that the property as described above be zoned
RA-1, Low Density Residential Apartment as requested by
the petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission adopted the FRDO report and recommended the
property as described be zoned RA-1, Low Density
Residential Apartment, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described RA-1, Low
Density Residential Apartment, 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 FRDO as set
forth in Report No. KA-01-2.
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 a portion of Assessor's Tract 5-3 in Section 17 as RA-
1, Low Density Residential Apartment.
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
(30) days from and after the
and approval by the Mayor.
shall be effective thirty
date of its final passage
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AND SIGNED BY THE MAYOR THIS 2ND DAY OF AUGUST, 2001.
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk