E2. Ord 1802 - Southside EstatesPLANNING FOR THE FUTURE
MONT"A
REPORT TO: Doug Russell, City Manager
FROM: Jarod Nygren, Senior Planner
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT: Ordinance 1802— KA-17-04 — Second Reading, Southside Estates Phase 2
MEETING DATE: December 18, 2017
BACKGROUND: This is the second reading of Ordinance 1802, an ordinance to amend the
Kalispell Zoning Map, and establish zoning classifications of R-4 (Residential) and RA-1
(Residential Apartment) on 9.6 acres of land. The property is located at 2100 Airport Road and can
be described as Tracts 2A and 2E lying in the Southeast 1/4 of Section 19, Township 28 North, Range
21 West, P.M.,M., Flathead County, Montana, more particularly described in the attached Exhibit
"A„
The Kalispell City Council, at their meeting on December 4, 2017, approved the first reading of
Ordinance 1802, unanimously upon roll call vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve the second
reading of Ordinance 1802, an Ordinance to amend Section 27.02.010, official zoning map, City of
Kalispell Zoning Ordinance 1677, by zoning certain real property described as Tracts 2A and 2E
lying in the Southeast 1/4 of Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead
County, Montana, more particularly described in the attached Exhibit "A", to City R-4 (Tract 2E) and
City RA-1(Tract 2A) in accordance with the Kalispell Growth Policy Plan — It 2035, and to provide
an effective date
FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Ordinance 1802
c: Aimee Brunckhorst, Kalispell City Clerk
ORDINANCE NO. 1802
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 TRACTS 2A AND 2E IN THE SOUTHEAST
QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA, AND AS MORE PARTICULARLY DESCRIBED ON
EXHIBIT A CURRENTLY ZONED COUNTY R-1 (RESIDENTIAL) TO CITY RA-1
(RESIDENTIAL APARTMENT) AND CITY R-4 (RESIDENTIAL) IN ACCORDANCE
WITH THE KALISPELL GROWTH POLICY — PLAN IT 2035, AND TO PROVIDE AN
EFFECTIVE DATE.
WHEREAS, Team Development, LLC, the owner 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 4.8 acres of land (Tract 2A), and be zoned R-4, Residential, on
approximately 4.8 acres of land (Tract 2E); and
WHEREAS, the property is located at 2100 Airport Road; and
WHEREAS, Team Development, LLC's petition was the subject of a report compiled by the
Kalispell Planning Department, Staff Report #KA-17-05, in which the Kalispell
Planning Department evaluated the petition and recommended that the property as
described above be zoned RA-1, Residential Apartment and R-4, Residential,
pursuant to Kalispell City Code 27.29.020; and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on November
14, 2017, and after considering the Staff Report #KA-17-05 as well as public
comment and discussion, recommended that the zoning be City RA-1, Residential
Apartment and R-4, 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 RA-1, Residential Apartment and R-4, Residential, the City Council finds
the recommendation of the Kalispell City Planning Board to zone the property as
RA-1, Residential Apartment and R-4, Residential, 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-17-05.
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
4.8 acres of land (Tract 2A) and R-4, Residential, on approximately 4.8 acres
of land (Tract 2E).
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 18TH DAY OF DECEMBER, 2017.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Exhibit "A"
TRACT 2A Description (City RA-1 Zoning)
A tract of land lying in the southeast quarter of the southeast quarter of Section 19, Township 28
North, Range 21 West, P.M., M., Flathead County, Montana, and more particularly described as
follows:
Commencing at the southeast corner of the Northeast Quarter of the Southeast Quarter of said
Section 19; Thence along the south boundary of said NE 1/4 SE 1/4 S89°03'52"W, a distance of
30.00 feet to the southeast corner of Ashley Park, Phase IV (records of Flathead County,
Montana) and being the True Point of Beginning of the tract of land herein described:
Thence continuing along the south boundary of Ashley Park, Phase IV S89°03'52"W, a distance of
652.5 feet; Thence S00°O1'22"E, a distance of 321.5 feet; Thence N89°31'06"E, distance of 652.4
feet to a point lying on the westerly right-of-way of Airport Road, a 60-foot wide deeded county
road; Thence on and along said westerly right-of-way N00°01'22"W, a distance of 236.5 feet to the
Point of Beginning. Containing 4.8 acres, more or less.
TRACT 2E Description (City R-4 Zoning)
A tract of land lying in the southeast quarter of the southeast quarter of Section 19, Township 28
North, Range 21 West, P.M., M., Flathead County, Montana, and more particularly described as
follows:
Commencing at the southeast corner of the Northeast Quarter of the Southeast Quarter of said
Section 19: Thence along the south boundary of said NE 1/4 SE 1/4 S89°03'52"W, a distance of
30.00 feet to the southeast corner of Ashley Park, Phase IV (records of Flathead County, Montana)
Thence continuing along the south boundary of Ashley Park, Phase IV S89003'52"W, a distance of
652.5 feet to the True Point of Beginning of the tract of land herein described:
Thence continuing along the south boundary of Ashley Park, Phase IV S89°03'52"W, a distance of
652.5 feet to the northeast corner of Southside Estates (records of Flathead County, Montana);
Thence along the east boundary of Southside Estates S00°09'25"E, a distance of 31.6.2 feet; Thence
N89°31'06"E and leaving said east boundary, a distance of 651.7 feet; Thence NOO°01'22"W, a
distance of 321.5 feet to the Point of Beginning. Containing 4.8 acres, more or less.