Ordinance 1807 - FAILED - Peterson Zone Change05-07-18
FAILED ON 1 ST READING
ORDINANCE NO. 1807
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 B OF CERTIFICATE OF SURVEY 2652
AND TRACT 1 OF CERTIFICATE OF SURVEY 3235 IN SECTION 17, TOWNSHIP 28
NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, CURRENTLY
ZONED CITY R-3 (RESIDENTIAL) TO CITY R-4 (TWO FAMILY RESIDENTIAL) IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY — PLAN IT 2035, AND TO
PROVIDE AN EFFECTIVE DATE.
WHEREAS, Jeremy Peterson, 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 City R-3 be zoned RA-1, Residential Apartment, on approximately
1.25 acres of land; and
WHEREAS, the property is located at 435 College Avenue; and
WHEREAS, Jeremy Peterson's petition was the subject of a report compiled by the Kalispell
Planning Department, Staff Report #KZC-18-01, 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 April 10,
2018, and after considering the Staff Report #KZC-18-01 as well as public comment
and discussion, recommended that the zoning be City R-4, Two Family 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, the City Council finds the recommendation
of the Kalispell City Planning Board to zone the property as R-4, Two Family
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.
KZC-18-01.
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-4, Two Family 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 21 ST DAY OF MAY, 2018.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk