5. Ordinance 1736 - Zoning Designation Request - Pentelute - 2nd ReadingPlanning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fag: (406) 758-7739
www.kalisl2ell.com/planning
REPORT TO: Doug Russell, City Manager
FROM: Kevin LeClair, Senior Planner
SUBJECT Ordinance 1736 - Second Reading — Initial Annexation Zoning of R-2
for the Pentelute Property
MEETING DATE: April 21, 2014
BACKGROUND: This is the second reading of an ordinance to amend the Kalispell Zoning Map
and establish an annexation zoning classification of R-2 (Residential) for the Pentelute property
located on the east side of Highway 93 North, approximately 1.3 miles north of Reserve Drive. The
property can be described as assessor's tract 2B in Section 19, Township 29 North, Range 21 West
P.M.M., Flathead County, Montana. The property is currently zoned County SAG-10 (Suburban
Agricultural).
The City Council, at their meeting on April 7, 2014, unanimously approved both the resolution to
annex the property into the City and the first reading of the ordinance to establish an initial zoning
classification of R-2 (Residential).
RECOMMENDATION: It is recommended that the Council approve the second reading of
Ordinance 1736 to change the zoning of the Pentelute property from County SAG-10 (Suburban
Agricultural) to City R-2 (Residential).
FISCAL EFFECTS: Approval of the request would have minimal fiscal effect to the City.
ALTERNATIVES: Deny the request.
Respectfully submitted,
Kevin LeClair
Senior Planner
Report compiled: March 4, 2014
Theresa White, Kalispell City Clerk
Daniel and Marion Pentelute, 205 Bachelor Grade, Kalispell, MT 59901
Erica Wirtala, Sands Surveying, 2 Village Loop, Kalispell, MT 59901
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1677), BY ZONING CERTAIN
REAL PROPERTY MORE PARTICULARLY DESCRIBED AS PARCEL 4 OF
CERTIFICATE OF SURVEY NO.4491 IN SECTION 19, TOWNSHIP 29 NORTH, RANGE
21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, (CURRENTLY ZONED COUNTY
SAG 10 (SUBURBAN AGRICULTURAL) TO CITY R-2 (RESIDENTIAL)) IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE
AN EFFECTIVE DATE.
WHEREAS, Daniel and Marion Pentelute, the owners of the property described above, petitioned
the City of Kalispell that the zoning classification attached to the above described
tract of land, currently zoned County SAG-10, Suburban Agricultural, be zoned R-2,
Residential, on approximately 18.5 acres of land; and
WHEREAS, the property is located on the east side of Highway 93 North, approximately 1.3 miles
north of Reserve Drive; and
WHEREAS, the Pentelutes' petition was the subject of a report compiled by the Kalispell Planning
Department, Staff Report #KA-14-01, in which the Kalispell Planning Department
evaluated the petition and recommended that the property as described above be
zoned R-2, Residential, pursuant to Kalispell City Code 27.29.020; and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on March 11,
2014, and recommended that the zoning be City R-2, Residential, 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 R-2, Residential, 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 Staff Report No. KA-14-01.
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 above as R-2, Residential, on approximately 18.5 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 take effect from and after 30 days of its passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS 21ST DAY OF APRIL, 2014.
Mark Johnson
Mayor
ATTEST:
Theresa White
City Clerk