E3. Ord 1809 - Fenn WayPlanning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
REPORT TO: Doug Russell, City Manager
FROM: Jarod Nygren, Senior Planner
SUBJECT: Ordinance 1809 Second Reading — Fenn Way
MEETING DATE: May 21, 2018
BACKGROUND: This is the second reading of Ordinance 1809, an ordinance to amend the
Kalispell Zoning Map, and establish a zoning classification of B-1. The property is generally located
at the southern terminus of Fenn Way and western terminus of 2°d Street West. The properties to be
annexed can be legally described as Tract 3 of Certificate of Survey 19233 and Tract 1 of Certificate
of Survey 19582 in Section 13, Township 28N, Range 22W, P.M.,M., Flathead County, Montana.
The Kalispell City Council, at their meeting on May 7, 2018, approved the first reading of Ordinance
1809, unanimously upon roll call vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve the second
reading of Ordinance 1809, an Ordinance to amend section 27.02.010, official zoning map, City of
Kalispell zoning ordinance 1677, by zoning certain real property described as Tract 3 of Certificate of
Survey 19233 and Tract 1 of Certificate of Survey 19582 in Section 13, Township 28N, Range 22W,
P.M.,M., Flathead County, Montana, to City B-1 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 1809
Aimee Brunckhorst, Kalispell City Clerk
ORDINANCE NO.1809
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 TRACT 3 OF CERTIFICATE OF SURVEY 19233
AND TRACT 1 OF CERTIFICATE OF SURVEY 19582 IN SECTION 13, TOWNSHIP 28
NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, CURRENTLY
ZONED COUNTY I-2 (HEAVY INDUSTRIAL) TO CITY B-1 (NEIGHBORHOOD
BUSINESS) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY — PLAN IT
2035, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Marty Crevier, 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 Heavy Industrial be zoned B-1, Neighborhood Business, on
approximately 10.5 acres of land; and
WHEREAS, the property is located at the southern terminus of Fenn Way and western terminus of
2nd Street West; and
WHEREAS, Marty Crevier's petition was the subject of a report compiled by the Kalispell
Planning Department, Staff Report #KA-18-03, in which the Kalispell Planning
Department evaluated the petition and recommended that the property as described
above be zoned B-1, Neighborhood Business, pursuant to Kalispell City Code
27.29.020; and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on April 10,
2018, and after considering the Staff Report #KA-18-03 as well as public comment
and discussion, recommended that the zoning be City B-1, Neighborhood Business,
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 B-1, Neighborhood Business, the City Council finds the recommendation
of the Kalispell City Planning Board to zone the property as B-1, Neighborhood
Business, 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-18-03.
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 B-1, Neighborhood Business.
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 MAY, 2018.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk