E/08. Ordinance 1399 - Initial Zoning - Muskrat Slough Subdivision - 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
tricity@centurytel.net
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Second Reading for Initial Zoning of R-4, Two Family Residential,
for Muskrat Slough Subdivision / Tim Birk
September 17, 2001
BACKGROUND: This is the second reading on the initial zoning for property annexed
into the city located on the north side of Russell Drive and west of Willow Glen Drive
in the southeast part of Kalispell. Proposed zoning is City R-4, a Two Family
Residential zoning district that has a minimum lot size requirement of 6,000 square feet
and allows duplexes and single-family residences as permitted uses. This annexation
has been concurrent with an application for preliminary plat approval of a 20 lot
residential subdivision known as Muskrat Slough Subdivision on approximately 8.98
acres.
On September 4, 2001 the city council approved the first reading for the proposed R-4
zoning upon annexation and the preliminary plat subject to conditions. At their
August 14, 2001 meeting, the Kalispell City -County Planning Board forwarded a
recommendation that the initial zoning for this property should be R-4, Two Family
Residential, upon annexation.
RECOMMENDATION: A motion to adopt the second reading of the ordinance for R-4
zoning upon annexation would be in order.
FISCAL EFFECTS: Minor positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
'NardT a A. Wilson Chris A. Kukulsld
Senior Planner City Manager
Report compiled: September 13, 2001
c: Theresa White, Kalispell City Clerk
H:\FRDO\TRANSMIT\KALISPEL\2001\KA01-3MEM02.DOC
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls 9 City of Whitefish
NO. 1399
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 ASSESSOR'S TRACTS 7N AND 70H IN
SECTION 20, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-5, TWO FAMILY
RESIDENTIAL) TO CITY R-4 (TWO FAMILY RESIDENTIAL), IN ACCORDANCE
WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Tim Birk, 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-4, Two Family Residential, and
WHEREAS, the property as described exists as property surrounded
to the North by single family homes, County R-5
classification, to the East by single family homes,
County R-5 and City R-2 classification, to the South by
single family homes, County R-5 classification, and to
the West by single family homes, County R-5
classification, and
WHEREAS, the petition of Tim Birk was the subject of a report
compiled by the Tri-City Planning Office, #KA-01-3, dated
August 6, 2001, in which the Tri-City Planning Office
evaluated the petition and recommended that the property
as described above be zoned R-4, Two Family Residential
as requested by the petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission adopted the Tri-City Planning Office report
and recommended the property as described be zoned R-4,
Two Family Residential, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described R-4,
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 Tri-City Planning Office
as set forth in Report No. KA-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 Assessor's Tracts 7N and 7OH in Section 20 as R-4, Two
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 17TH DAY OF SEPTEMBER, 2001.
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk