11. Ordinance 1408 - Zone Change - City-County Health Dept - 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 Flathead City -County Health Department
Zone Change from R-4 to R-5
MEETING DATE: November 19, 2001
BACKGROUND: This is the second reading on a zone change request by the Flathead
City -County Health Department from R-4, Two Family Residential, a residential
district to R-5, a Residential / Professional Office zone which has a minimum lot size
requirement of 7,000 square feet. The current R-4 zoning only allows residential uses
whereas the proposed R-5 zoning allows residential uses and offices. This zone change
would allow the property to be developed for professional or governmental. This
rezoning would bring the proposed new health department building into substantial
compliance with the zoning.
On November 5, 2001 the Kalispell City Council approved the zone change on first
reading. The Kalispell City -County Planning Board held a public hearing at their
regular meeting of October 9, 2001 regarding the proposed rezoning. A motion passed
unanimously adopt the staff report as findings of fact and recommend to the Kalispell
City Council that they approve the proposed rezoning from R-4, Two Family
Residential, to R-5, Residential / Professional Office.
RECOMMENDATION: A motion to adopt the ordinance on second reading to rezone
the property from R-4 to R-5 would be in order.
FISCAL EFFECTS: Potentially minor positive effects.
ALTERNATIVES: As suggested by the city council. p /� I (�,� I w
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Narda A. Wilson Chris A. Kukulski
Senior Planner City Manager
Report compiled: November 9, 2001
c: Theresa White, Kalispell City Clerk
H; \FRDO\TRANSMIT\KALISPEL\2001 \KZCOI-3MEM02DOC
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls
ORDINANCE NO. 1408
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 13 THROUGH 24, BLOCK 132,
KALISPELL ORIGINAL TOWNSITE IN SECTION 18, TOWNSHIP 28 NORTH, RANGE
21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R-
4, TWO FAMILY RESIDENTIAL) TO CITY R-5 (RESIDENTIAL/PROFESSIONAL
OFFICE), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO
PROVIDE AN EFFECTIVE DATE.
WHEREAS, the Flathead City -County Health Department, 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-5,
Residential/Professional Office, and
WHEREAS, the property as described exists as property surrounded
to the North by office buildings, P-1 classification, to
the East by County Justice Center parking lot, R-5
classification, to the South by single family homes, R-4
classification, and to the West by single family homes,
R-4 classification, and
WHEREAS, the petition of the City -County Health Department was the
subject of a report compiled by the Tri-City Planning
Office, 4KZC-01-3, dated October 2, 2001, in which the
Tri-City Planning Office evaluated the petition and
recommended that the property as described above be zoned
R-5, Residential/Professional Office 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 R-5, Residential/
Professional Office, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described R-5,
Residential/Professional Office, 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-01-3.
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 13 through 24, Block 132, Kalispell Original
Townsite in Section 18 as R-5, Residential/Professional
Office.
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 NOVEMBER, 2001.
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk