E2. Ord 1798 - Kis ZoningPLANNING FOR THE FUTURE
REPORT TO: Doug Russell, City Manager P/-
FROM: Jarod Nygren, Senior Planner
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plagaigg
SUBJECT: Ordinance 1798 — KA-17-04 — Second Reading, Kis Annexation
MEETING DATE: October 16, 2017
BACKGROUND: This is the second reading of Ordinance 1798, an ordinance to amend the
Kalispell Zoning Map, and establish a zoning classification of RA-1 (Residential Apartment). The
property is located at 1541 51h Avenue East and can be legally described as Parcel A of Certificate of
Survey 4916 in the Southwest 1/4 of Section 17, Township 28 North, Range 21 West, P.M.,M.,
Flathead County, Montana.
The Kalispell City Council, at their meeting on October 2, 2017, approved the first reading of
Ordinance 1797, unanimously upon roll call vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve the second
reading of Ordinance 1798, an Ordinance to amend Section 27.02.010, official zoning map, City of
Kalispell Zoning Ordinance 1677, by zoning certain real properties described as Parcel A of
Certificate of Survey 4916 in the Southwest 1/4 of Section 17, Township 28 North, Range 21 West,
P.M.,M., Flathead County, Montana., to City RA-1 in accordance with the Kalispell Growth Policy
Plan — It 2035.
FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Ordinance 1798
c: Aimee Brunckhorst, Kalispell City Clerk
ORDINANCE NO.1798
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ZONING CERTAIN
REAL PROPERTY DESCRIBED AS PARCEL A OF CERTIFICATE OF SURVEY #4916 IN
THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 28 NORTH, RANGE 21
WEST, P.M.M., FLATHEAD COUNTY, MONTANA (CURRENTLY ZONED COUNTY R-4
(RESIDENTIAL) TO CITY RA-1 (RESIDENTIAL APARTMENT)) IN ACCORDANCE
WITH THE KALISPELL GROWTH POLICY — PLAN IT 2035, AND TO PROVIDE AN
EFFECTIVE DATE.
WHEREAS, Louis and Eileen Kis, 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 Residential, be zoned RA-1, Residential Apartment, on
approximately .43 acres of land; and
WHEREAS, the property is located at 1541 Fifth Avenue East; and
WHEREAS, the Kis' petition was the subject of a report compiled by the Kalispell Planning
Department, Staff Report #KA-17-04, in which the Kalispell Planning Department
evaluated the petition and recommended that the property as described above be
zoned RA-1, Residential Apartment, pursuant to Kalispell City Code 27.29.020; and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on September
12, 2017, and after considering the Staff Report #KA-17-04 as well as public
comment and discussion, recommended that the zoning be City RA-1, Residential
Apartment, 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-1, Residential Apartment, the City Council finds the recommendation
of the Kalispell City Planning Board to zone the property as RA-1, Residential
Apartment, to be compatible to the existing neighborhood and consistent with the
Kalispell Growth Policy — Plan It 2035 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 essential findings of fact of KPD as set forth in Staff Report No.
KA-17-04.
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 RA-1, Residential Apartment, on approximately
.43 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 16TH DAY OF OCTOBER, 2017.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk