5. Ordinance 1387 - Zone Change - Buffalo Hill Drive - 2nd ReadingREPORT TO:
FROM:
SUBJECT
MEETING DATE:
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Second Reading for Zone Change from H-1 to R-3 Buffalo Hill Drive
Dale Haarr, et al
July 16, 2001
BACKGROUND: Several property owners are requesting rezoning for properties
located on the east and west sides of Buffalo Hill Drive in the northern part of
Kalispell between the hospital and Buffalo Hill Golf Course. The combined total of the
properties contain approximately 3.10 acres. The existing zoning is H-1, a Health Care
zone. The applicants are requesting a zone change to R-3, a Residential zone that is
exclusively a single family zone with the exception of limited number of non-
residential uses.
One July 2, 2001 the city council approved the zone change request from H-1 to R-3
during the first reading. On June 12, 2001 the Kalispell City -County Planning Board
held a public hearing at their regular and unanimously recommended that the city
council approve the zone request.
be appropriate.
FISCAL EFFECTS:
ALTERNATIVES:
Narda A. Wilson
Senior Planner
A motion to adopt the ordinance on second reading would
None.
As suggested by the city council.
Report compiled: July 11, 2001
c: Theresa White, Kalispell City Clerk
H:\FRDO\TRANSMIT\KALISPEL\2001\KZC01-IMEM.0
Chris A. Kukulski
City Manager
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls
ORDINANCE NO. 1387
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S
TRACTS 6EC, 6EA, 6EE, 6CB, 6CD, LOT 1 HARMON ADDITION AND LOTS 1-5
HIGHLAND PARK, GOLF COURSE 2ND ADDITION LOCATED IN SECTION 6,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED CITY H-1, HEALTH CARE) TO CITY R-3 (URBAN SIGN
FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE CITY -COUNTY MASTER
PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Dale W. Haarr, et al, the owners of property described
above, petitioned the City of Kalispell that the zoning
classification attached to the above described tracts of
land be changed to R-3, Urban Single Family Residential,
and
WHEREAS, the property as described above exists as property
surrounded to the North by the Golf Course and Hospital,
P-1 and H-1 zoning, to the East by the Golf Course, P-1
zoning, to the South by the Golf Course, Immanuel
Lutheran Home and single family homes, P-1 and H-1
zoning, and to the West by medical office, church and day
care, H-1 zoning, and
WHEREAS, the petition of Dale W. Haarr, et al, was the subject of
a report compiled by the Flathead Regional Development
Office, #KZC-01-1, dated June 5, 2001, in which the
Flathead Regional Development Office evaluated the
petition and recommended that the property as described
above be zoned R-3, Urban Single Family Residential, 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 R-3, Urban Single Family
Residential, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described R-3, Urban
Single 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 FRDO as set forth in
Report No. KZC-01-1.
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 #1175) is
hereby amended by designating the property described as
Assessor's Tracts 6EC, 6EA, 6EE, 6CB, 6CD, Lot 1 Harmon
Addition and Lots 1-5 Highland Park, Golf Course 2nd
Addition, as R-3, Urban Single 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 16TH DAY OF JULY, 2001.
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk