E4. Ord 1806 - Jorgenson ZoningPLANNING FOR. THE FUTURE
REPORT TO: Doug Russell, City Manager
FROM: PJ Sorensen, Planner
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT: Ordinance 1806 Second Reading - Jorgenson Rezoning
MEETING DATE: March 19, 2018
BACKGROUND: This is the second reading of Ordinance 1806, an ordinance to amend the
Kalispell Zoning Map, and establish a zoning classification of R-4 (Residential) on approximately
0.875 acres of land (initial zoning upon annexation of approximately 0.597 acres and rezoning of
approximately 0.278 acres already in the city). The property is located at 1373 Whitefish Stage and
can be described as Lot 2 of Amended Plat of Lots 1 & 2, Subdivision No. 150, according to the map
or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County,
Montana.
The Kalispell City Council, at their meeting on March 5, 2018, unanimously approved the first
reading of Ordinance 1806 upon roll call vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve the second
reading of Ordinance 1806, an Ordinance to amend Section 27.02.010, official zoning map, City of
Kalispell Zoning Ordinance 1677, by zoning certain real property described as Lot 2 of Amended
Plat of Lots 1 & 2, Subdivision No. 150, according to the map or plat thereof on file and of record in
the office of the Clerk and Recorder of Flathead County, Montana, to City R-4 (Residential) 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 1806
c: Aimee Brunckhorst, Kalispell City Clerk
ORDINANCE NO. 1806
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 LOT 2 OF AMENDED PLAT OF LOTS 1 & 2,
SUBDIVISION NO.150, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND
OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD
COUNTY, MONTANA, CURRENTLY ZONED COUNTY RA-1(RESIDENTIAL) TO CITY
R-4 (RESIDENTIAL) AND CITY RA-2 (RESIDENTIAL APARTMENT/OFFICE) TO R-4
(RESIDENTIAL) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY —
PLAN IT 2035, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Ara Jorgenson, the owner of the property described above, petitioned the City of
Kalispell that the zoning classification attached to the above described tracts of land,
currently zoned County Residential be zoned R-4, Residential, on approximately
0.597 acres of land, and be zoned R-4, Residential, on approximately 0.278 acres of
land; and
WHEREAS, the property is located at 1373 Whitefish Stage Road; and
WHEREAS, Ara Jorgenson's petition was the subject of a report compiled by the Kalispell
Planning Department, Staff Report #KA-17-07, in which the Kalispell Planning
Department evaluated the petition and recommended that the property as described
above be zoned 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 February
13, 2018, and after considering the Staff Report #KA-17-07 as well as public
comment and discussion, recommended that the zoning be City 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 R-4, Residential, the City Council finds the recommendation of the
Kalispell City Planning Board to zone the property as 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-17-07.
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-4, Residential.
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 19TH DAY OF MARCH, 2018.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk