1. Ordinance 1409 - Zone Change - Flathead Valley Orthopedic Profit Share - 2nd ReadingREPORT TO:
FROM:
SUBJECT:
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax:(406) 751-1858
tricity@centu rytel. net
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Second Reading on Zone Change from B-1 to B-2
Flathead Valley Orthopedic Profit Share — Meridian Rd.
MEETING DATE: December 17, 2001
BACKGROUND: This is the second reading for a zone change request by Flathead
Valley Orthopedic Profit Share from B-1, Neighborhood Buffer District, to B-2, General
Business District. The property lies between the east side of North Meridian Road
and the west side of Hwy 93, north of Three Mile Drive. It contains approximately 4.6
acres and is currently undeveloped. On December 3, 2001, the Kalispell City Council
approved the zone change request on first reading. There was no one at that meeting
who spoke in opposition to the zone change request.
The Kalispell City -County Planning Board held a public hearing at their regular
meeting of November 13, 2001 regarding the proposed rezoning. A motion passed
unanimously to recommend approval of the zone change from B-1 to B-2.
RECOMMENDATION: A motion to adopt the ordinance on second reading to rezone
the property from B-1 to B-2 would be in order.
FISCAL EFFECTS: Potentially minor positive effects.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
Narda A. Wilson Chris A. Kukulski
Senior Planner City Manager
Report compiled: December 12, 2001
c: Theresa White, Kalispell City Clerk
H: \FRDO \TRANSMIT\KALISPEL\ 2001 \KZCOI-4MEM02.DOC
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls
NO. 1409
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 LOT 5 OF HALL ADDITION #82 IN
SECTION 6, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA (PREVIOUSLY ZONED CITY B-1, NEIGHBORHOOD BUFFER
DISTRICT) TO CITY B-2 (GENERAL BUSINESS DISTRICT), IN ACCORDANCE
WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Flathead Valley Orthopedic Profit Share, the owner of
property described as Lot 5 of Hall Addition #82,
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 an auto repair shop and undeveloped, B-2
and RA-1 classification, to the East by Highway 93 and a
church, H-1 classification, to the South by residences,
RA-1 classification, and to the West by offices and
residences, P-1 and R-4 classification, and
WHEREAS, the petition of Flathead Valley Orthopedic Profit Share
was the subject of a report compiled by the Tri-City
Planning Office, #KZC-01-4, dated November 6, 2001, in
which the Tri-City Planning Office evaluated the petition
and recommended that the property as described above be
zoned B-2, General Business District as requested by the
petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission adopted the TCPO report and recommended the
property as described be zoned B-2, General Business
District, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described B-2, General
Business District, 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. KZC-01-4.
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 Lot 5 of Hall Addition #82 as B-2, General Business
District.
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 DAY OF DECEMBER, 2001.
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk