2. Ordinance 1735 - Zone Change - West View Estates - 2nd ReadingPLANNING FOP, THE FUTURE A
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalisjlell.com/Rlanning
REPORT TO: Doug Russell, City Managerl;�6
FROM: Kevin LeClair, Senior Planner, Kalispell Planning Department
SUBJECT: Ordinance 1735 - Second Reading: Request for Zoning Map Change
from RA-1 to RA-2
MEETING DATE: February 18, 2014
BACKGROUND: This is the second reading for a request to change the zoning from
RA-1 (residential apartment) to RA-2 (residential apartment/office) on approximately 10 acres
located northeast of the intersect of West Reserve Drive and Stillwater Road in the West View
Estates subdivision. The area can be described as a portion of Tract 5+ in the southwest % of
the southwest % of Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County,
Montana.
The Kalispell City Council unanimously approved the first reading of the ordinance at their
regular meeting on February 3, 2014.
RECOMMENDATION: It is recommended that the Council approve the second reading of
Ordinance 1735 to change the zoning of a portion of Tract 5+ at the northeast corner of the
intersection of West Reserve Drive and Stillwater Road from RA-1 (residential apartment) to
RA-2 (residential apartment/office).
FISCAL EFFECTS: Approval of the request would have minimal fiscal effect to the City.
ALTERNATIVES: Deny the request.
Respectfully submitted,
-j
Kevin LeClair
Senior Planner
Report compiled: February 7, 2014
c: Theresa White, Kalispell City Clerk
ORDINANCE NO. 1735
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ZONING CERTAIN
REAL PROPERTY LOCATED IN A TRACT OF LAND, SITUATED, LYING AND BEING
IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25,
TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA
AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO
(PREVIOUSLY ZONED CITY RA-1 (RESIDENTIAL APARTMENT) TO CITY RA-2
(RESIDENTIAL APARTMENT/OFFICE), IN ACCORDANCE WITH THE KALISPELL
GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Owl Corporation, the owner of the property described above, petitioned the City of
Kalispell that the zoning classification attached to the tract of land fully described in
Exhibit "A", attached hereto and fully incorporated herein by this reference, be zoned
RA-2, Residential Apartment/Office, on approximately 10 acres of land; and
WHEREAS, the property is located in the westerly portion of the southern 570 feet of West View
Estates; and
WHEREAS, Owl Corporation's petition was the subject of a report compiled by the Kalispell
Planning Department, Revised Staff Report #KZC-13-02, dated November 27, 2013,
in which the Kalispell Planning Department evaluated the petition and recommended
that the property as described above be zoned RA-2, Residential Apartment/Office,
and that additional property of about 7 acres located to the east of this in West View
Estates be zoned R-5, Residential/Professional Office, as requested by the petition;
and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on December
10, 2013, and recommended that the 10 acre westerly portion with RA-1 zoning be
amended to City RA-2, Residential Apartment/Office, but that the current R-3,
Residential, zoning remain intact, pursuant to Kalispell City Code 27.29.030; and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described RA-2, Residential Apartment/Office, the City Council finds such zoning to
be consistent with the Kalispell Growth Policy 2020 and 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 KPD as set forth in Revised
Staff Report No. KZE-13-02.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell
Zoning Ordinance, (Ordinance No. 1677) is hereby amended by
designating the property described in Exhibit "A" attached hereto and
incorporated fully herein by this reference as RA-2, Residential
Apartment/Office, on approximately 10 acres of land.
SECTION 2. 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 3. 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 AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 18TH DAY OF FEBRUARY, 2014.
ATTEST:
Theresa White
City Clerk
Mark Johnson
Mayor
Exhibit "A"
A TRACT OF LAND, SITUATED, LYING AND BEING IN THE SOUTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22
WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS TO WIT:
BEGINNING at the southwest corner of the Southwest Quarter of the Southwest Quarter of
Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana; Thence
along the west boundary of said SW1/4SW1/4 N00°06'40"W 579.34 feet; Thence N89°59'11"E
915.08 feet; Thence S00°00'23"W 581.41 to the south boundary of said SW1/4SW1/4; Thence
along said boundary N89°53'02"W 913.89 feet to the point of beginning and containing 12.184
ACRES; Subject to and together with all appurtenant easements of record.
EXCEPTING therefrom a strip of land described in Bargain and Sale Deed #200700025082,
containing 1.10 ACRES, more or less.