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Staff Report/Annexation & Zoning, Lot 20 REPORT TO. I �i 14:10) 6 F SUBJECT .9 MEETING DATE.. Tri=City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tr*lc']'ty@centurytel.net www.tricityplannt'ng-mt.com KaRspell Mayor and City Council Narda A. Wilson, Senior Planner James H. Patrick, City Manager Mission Northwest Dev. LLC - Annexation and Initial Zoning of R-4 - West Side of Seventh Avenue West April 4, 2005 BACKGROUND: This is a request by Mission Northwest Development,, LLC for an initiaJ zoning designation of R-4, Two Family Residential on approximately 0.47 of an acre. The applicant intends to file preliminaxy plat for a minor subdivision containing four lots intended for future development. The property is located on the west side of Seventh Avenue West south of I I �h Street West and north of Sunnyside Drive. Currently this proper-ty is in the County zoning jurisdiction and is zoned R-5, Two Family Residential. The zoning designations for the City and County are similar with regard to lot size and �tted uses. permi A public heaxing was held before the Kalispell City Planning Boaxd at a meeting of March 8, 2005 regarding the initial zoning for this property. At the public hearing no one spoke either in favor or in opposition to the proposal. The applicant needs to connect to City water and sewer in order to develop the property. After the public hearing the board discussed the proposal. A motion was made and passed unanimously to for -ward a recommendation that initial zoning for this property should be R-4, Two Family Residential, upon annexation to the city, RECOMMENDATION: A motion to adopt the first reading of the ordinance for R-4 zoning upon annexation would be in order. 4 FISCAL ]EFFECTS-d Minor positive impacts once fully developed, ALTERNATrVES: As suggested by the city council. Respectfully submitted, Narda A. Wilson Senior Planner Report compiled-. March 22, 2005 s H. Patrick City Manager Providing Community Planning Assistance To: City of Kalispell * City of Wbitefisb a City of Columbia Falls Mission Northwest Development, LLC Annexation and Initial Zoning March 22., 2005 Page -.2 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter Staff report KA-05-2 and application materials Draft rn]'Lnutes from 3/8/05 planning boqxd meeting TRANSMIT \KALISPEL\ 2005 \ KA05- 2 MEMO 1?1'_�d'SOLUTION NO, 5000 A RESOLUT]ION TO PROVIDE FOR T14E ALTERATION OF T14E BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, AS MORE PARTICULARLY DESCRI[BED AS LOT -2 OF WESTERN ACRES LOCATED IN SECTION 18, TOWNSHIP 29 NORTH., RANGE 21 WEST, P,M,M.,, FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS MISSION NORTHWEST ADDITION NO, 360; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCK, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City ofKalispell has received a petition from Mission Northwest Development, LLCI the owners of property -located on the west side of Seventh Avenue West, north of Sunnyside Drive and south of I I th Street West:, requesting that the City of Kalispell annex the territofy into the City, and WHEREAS, the Tri-City Planning Office has made a report on Mission Northwest Development" s Annexation Request, #KA-05-2, dated March 1. 2005., and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City R-4, Two Family Residential, on approximately 0.47 acres upon annexation into the City of Kalispell, and WHEREAS,, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTIONI. That all the real property as described above be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Mission Northwest Addition No. 360. SECTION 11. Upon the effective date of this Resolution, the City Clerk is directed to make and certify under the seal of the City, a copy of the record of these proceedings as are entered on the minutes of the City Council and file said documents with the Flathead County Clerk and Recorder. From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later,, said annexed territory is part of the City of Kalispell and its citizens and property sball be subject to all debts, laws aDd ordinances and regulations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION 111. The teirritory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance.. SECTION IV. This Resolution shall be effective immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCEL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 4TH DAY OF APRIL, 2005. Pamela B. Kennedy Mayor ATTEST.- .................................. . Theresa White City Clerk Mission Northwest Development LLC Annexation Cost of Services Analysis (Residential) Once annexed to the City, full City services will be made available to the property owner. Any necessary infrastructure associated with this development wifl be required to be constructed in accordance with the City of Kalispe,11s Design and Construction standards and any other development policies, regulations or ordinances that may apply. Note that 7thAve West is already a developed city street. No additional streets or water/ sewer main work.is proposed. Number of Dwelling LJm*ts within the Subdivision 2 two unit townhouses for a total of 4 dwe s Proposed in future Estimated Increase m' PoRulatiom. (based on US Census Figure of 2.2 per household) 9 Cost of Services Per -cap costs .0 W Fire, $68.84 per person per year. Additional costs to the fire department 9 x 68.84 $ 620 Police: $110 per resident per year. Additional costs to the police department 9 X 110.00 $ 990 Administration: $39.48. Additional cost to administration 9 x 39,48 355 Solid Waste: Additional cost to solid waste (none for five years) $ 0 Lineal Feet Costs: (Lineal feet - No new roads, sewer or water mains) * Roads: $1.14 per fineal foot Additional cost M' road maintenance 0 x 1,14 = $ 0 * Waten $3.44 per lineal foot Additional cost in water line mam'tenance 0 x 3.44 = $ 0 Is Sewer: $5.50 per lineal foot Additional cost in sewer maintenance 0 X 5.50 = $ 0 Storm sewer maintenance co.sts: Average Square foot per lot - 5,183 No. of units x square foot x 0.00323 5, 183 x 4 x $0.00323 $ 67 ev*-% Total Antici d Cost of Services: 29.0%JWQ 1 AntiLcipated Revenue Generated Assessments based on sguare foot 7e: Avergge square foot Rer lot: 5� 183 Storm sewer assessment $0.00323 per square foot Revenue from storm sewer assessments 4 x 5 , 183 x $0.00323 - 67 Street maintenance assessment $0.0086 per square foot Revenue from street maintenance assessments 4 x 5,183 x $0.0086 178 Urban forestry assessment $0.00135 per square foot Revenue from urban forestry assessments 4 x 5,183 x $0.00135 $ 28 Special Assessments: There are no special assessments. General revenue: 0 Assessed value per property: $160,000 Total assessed value.- 4 x 1607000 � $ 6402000 Total taxable.- 6401.000 x 0,03543 = $ 221.675 Total additional general revenue based on 155 mili levy: $22,675 x 0. 155 $ 3�515 Total Revenue Generated to the City $32788 NET ADDITIONAL ANNUAL REVENUE TO THE CITY: IL 1756 NOTE: This information is based upon assumptions regarding building valuations and does not take into consideration the build -out time or changes in methods of assessment and estimated costs associated with services. This information can only be used as a general estimate of the antic* ated cost of services and revenue. IP TRANSMITTALS / 2005 KA05-2 MISSION NW COSTOFSVCS 2 Tri-City Planning Office 17 Second Street East — Suite 211. Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricitvkcenturvtel.net www.tricitypfauning-mt.com March 22, 2005 James H . Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Mission Northwest Development, LLC - Initial Zoning Upon Annexation — R-4, Two -Family Residential, West Side of Seventh Ave West Dear Jim: The Kalispell City Planning Board rnet on March 8, 2005, and held a public hearing to consider a request by Mission Northwest Development, LLC for an initial zoning designation of R-4, Two Family Residential on approximately 0.47 acres. The property proposed for annexation is located on the west side of Seventh Avenue West, and south of I I th Street West. The property will be subdivided and connect to City utilities. The property is currently zoned County R-5, Two Family Residential. Narda Wilson of the Tri-City Planning Office presented staff report KA-05-2, evaluating the proposed zoning. Staff recommended initial zoning of City R-4, Two - Family Residential which is consistent with current zoning of the area. At the public heaxing n'o one spoke either in favor or in opposition to the proposal. After the public heaxing the Board discussed the request. A motion to recommend R- 4 zoning upon annexation passed on a unanimous vote. Please schedule this matter for the April 4, 2005 regular City Council meeting. You may contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board ge Taylor President GT/NW/ma Providing Community Planning Assi-stance To: City of Columbia Fafls w City of Kafispefl do City of Whitefish Mission Northwest Development, LLC Annexation and Initial Zoning March 227 2005 Page 2 Attachments: Petition to annex (original) Exhibit A - legal description Staff report KA-05-2 and application materials Draft minutes 3/8/05 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Mission NW Development, LLC- PO Box 1858, Missoula, MT 59806 P Whitefish Credit Union, 234 Montana Street, Kalispell, MT 59901 TRANSMIT/ KALISPELL/ 2005 / I�AO5-2 PETITION TO ANNEX AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTBJCT Tlie undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the real property described below into the City of Kalispell. The Petitioneir(s) requesting City of Kalispell annexation of the property described herein and further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately upon armexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as sueh services are provided or made available to other properties within the rest of the municipality. Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service.Plan for this annexation pursuant to Section 7-2-46 10, M.C.A. since the parties are in agreement as to the provision of municipal services to -111,he property requested to be annexed. The Petitioner(s) further herein expres an intent to have the property as herein described Ix withdrawn from the Rural Fire District under the prov-1slons of Section -)3-2127, Montana Code Annotate 0;aiid that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the C*ty of I Kalispell, the property shall be detracted from said district. ID the eventthe property is not immediately annexed, the Petitioner(s) further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from 'ding solid waste services to this property for a minimum of 5 years from date of annexation. provi 516' Pefi4ne' OJ" Date D'n'fifione., Owner Date .L %W F_ .1 Please return this petition to'. '_r - I ri-City Planning Office 17 '22 lid St East, Suite 12.r 11 Kalispell MT _59901. NOTE: V. ou must attach an E,,,diibit A that provides a bona f1de iqral description of the propem to he annexed that has been reviewed and certified bv the Flathead (Countv Plat Room. STATE OF MONTANA SS County of Flathead County Nfore me,: the undersigned, a Notary Public for On this —day of known the State of Montana, personally appeAred to me to be the person whose name is subscribed to the foregoi:Acr instrument ai acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and yea i f, 0- f _Q A .Ile 1-2�-_. Dx� 30� 2007 NCYFARY P-11-J'BLIONION"FANA Reiidingal cah�_Mbia Falls STATE OF MONTANA SS County of Flathead County 212 z I No&�'Public_ S ale OfMontana Residing at My Commission expires: On this day of before me, the undersigned. a Notary Public for 7 the State of Montana, personally appeared known to me to be the person whose name is subscribed to the foregoing instrumcnt and acknowledged to me that he/she executed the same. INTWITNESS WHEREOF, I have hercunto set my hand and affixed my Nota:ry Seal tile day and year in this certificate first above written. Notary Public, State of Montana Residing at My Commission expires - STATE OF MONTANA County of Flathead On this day of before me, the undersigned. a Notary Public for .......... .... - I— - W The State of Montana, personally appeared and the and respecti-&rrelly, of the ............................. corporation that execut-12.,cl the foregoing instrUment, and the persons who executed said instrument on behalf of said corporation, and ackDOWledged to me that such corporation executed the same. IN WITiNESS WFLER-EOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above writte.n. Notar'�,� Public. State of Montana Residini4 at My Commission expires MISSION NORTHWEST DEVELOPMENT, LLC REQUEST FOR INITIAL ZONING OF R-4 UPON ANNEXATION TRI-CITY PLANNING OFFICE STAFF REPORT #KA-05-2 MARCH 1, 2005 A report to the Kalispell City Planning Board and the Kalispell City Council regarding an initial zorn'ng designation of R-4 upon annexation to the city of Kalispell. A public hearing has been scheduled before the Kalispell City Plannm*g Board and Zoning Commission for March 8, 2005 beginning at 7-.00 PM, to consider appropriate zonm'g for the area property to be annexed- The plannm'g board will forward a recommendation for appropriate zonm'g to the Kalispell City Council for consideration. BACKGROUND INFORMATION The applicant has petitioned for annexation and an initial zoning designation of R-4, a Two -Family Residential district, on approximately 0.47 of an acre. this report evaluates the appropriate assignment of a City zoning classification in accordance with Sect -ion 27.03.010(4) of the Kahspell Zonm'g Ordinance. This property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. A. Petitioner / Owner: Mission Northwest Development LLC P. 0. Box 1858 Missoula, MT 59806 (406) 880-4663 B. Location and Legal Description of Property: The -property proposed for annexation and the ffiltial zonm'g request is located on the west side of Seventh Avenue West north of Sunnyside Drive and south of I IthStreet West. It can be descn'bed as Lot 2 of Western Acres located in Section 18, Townshi 28 North, 1P Range 21 West, P.M.M., Flathead County, Montana. 0 C. Existing Zoning* The property proposed for annexation is m' the West Side Co-anty zoning jun'sdiction and is currently zoned R-5, Two -Family Residential. This district is defmed as "A residential district with minimurn lot areas. Development within the district will require all public utilities and all community facilities. Duplexes are allowed M' this district." Permitted uses in this district are generally limited to residential uses. The conditionally permitted uses allow some non-residential uses but those are limited to churches, daycare centers, mini and RV storage, RV Parks and campgrounds and golf courses. The minimum lot size requirement of the County R-5 zoning district is 5,400 square feet- D. Proposed Zonm'g: The proposed R-4, Two -Family Residential, zone allows duplexes and single-family residences as permitted uses and has a minimum lot size requirement of 6,000 square feet and a width of Z50 feet. The proposed City R-4 distn'ct more closelv reflects the e�dstm'g and intended uses for the property and is consistent with the other City zoning in the immediate area. E. Size: The area proposed for annexation and zonm'g contains approximately 0.47 of acre . OrAing Land Use The property proposed for annexation is currently F* %_J undeveloped. The property owner M*tends to develop the property with two unit townhouses and will file a plat subdividing the property at a subsequent time. G. Adjacent Land Uses and Zoning: The land use M' the area is primarfly single- family residential along with some duplexes and townhotises. H. General Land Use Character: The general land use character of this area can be described as primarily residential with a mix of duplex and single family homes. This area can also be described as being on the urban fringes of Kalispell and there have been significant development pressures to the west. 1. Utilities and Public Services-: All available ptiblic services and facilities will be 'ded to these properties at the same level of service as other properties provi similarly situated M' the city limits. Sewer: City of KalispeH Water: City of Kalispell Refuse., City of Kalispell or contract hauler available Electricity: Flathead Electric Cooperative Telephone: CenturyTel Schools: School District #5, Kalispell Fire: Kalispell Fire Department Police: Kalispell Police Department EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for revievrffig a change in zoning is set forth by 76-2-205, M.C.A. Findings of fact for the zone change request are discussed relative to the iternized criteria described by 76-2-203, M.C,A, Does the requested zone comply with the gEoyAh,,,,pQlicy? The property is designated by the KalispeH Growth Policy future land use map as "Urban Residential" which anticipates residential development with a density of between four to 12 dwe g units per acre. Because of the provision of public water and sewer to the site, the proposed RA zoning designation is in compliance with the future land use designation for the area. The R-4 zonm*g has a minitnurn lot size requirement of 6,000 square feet with each lot allowing a duplex or a base density of one dwelling per 3,000 square feet. This same, zoning designation has been applied to most properties in the west Kalispell area. The proposed zonm'g is m compliance with the anticipated land use for the area which anticipates a mix of single-family and duplex dwellings in urban residential areas. 2 2. 3. 4. 61 21 7. Is the requested zone designed to lessen.cong stion in the streets? Once the property is developed, all of the new development will be constructed to City standards. Traffic in the area will increase insignificantly. The requested zoning designation and subsequent development of the site will not lessen congestion in the streets in the area, but this level and type of development is anticipated to occur as development of the area continues. Will the regLiested zone secure safe�y from fire, -panic.......and other_,dangprs? Adequate access and public fac es are available to the site in the case of an emergency. There are no features related to the property which would compromise the saLaty of the pubEc. New construction will be required to be in compliance with the building safety codes of the City which relate to fire and building safety. All municipal services including police and fire protection, water and sewer service is available to the area and will be cmxtended as part of the development of this propertT at some point in the future. Will the re ed zone prornote the health and general welfare? The requested zoning classification will promote the health and general welfare by rest:ricting land uses to those that would be compatible with the adjoining properties and providing a place for new housing in the cor=unity. Will the reg-aested zone provide for adequate hght -and air? Setback, height, and coverage standards for development occurrmg on this site are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided. Will the re.guested zone I2revent the overcrowding of land? As previously noted this area has been anticipated for urban residential development and now that pubhc water and sewer are in close proNimity an R-4 zoning designation is appropriate. The anticipated density falls IAdthin the proposed R-4 zoning designation. All public services and facilities will be available to serve this subdMsion. Currently this property is in the County jurisdiction and is zoned R-5, Two Family Residential, but they do not have access to public sewer and water without annexation. Will the reguested zone avoid undue concentration of IM01215, The -ihowable density for this property will not change as a result of annexation which is currently zoned for single-family homes and duplexes. Minimum lot standards and use standards as well as subdivision development standards will avoid the undue concentration of people at the time the property is developed. 8. WiH the requested zone facilitate the adequate srovision of transportation, water. sewerage, schools, -parks, and other pubhc requirements? All public sem*ces and facilities are clarrently available or can be provided to the property. Development should be encouraged in areas where these services are available. 9. Does the requested zone &ive- consideration to the payticular suitability of the ploperty forparticular uses? The proposed R-4 zonm-g district is consistent with the surrounding zoning and land uses in the area and gives due consideration of the suitability of this property for the pe='tted uses M' the district. 10. Does the reguested zone g�ve reasonable consideration to the character of the district? The general chaxacter of the area is urban sized lots for residential development on City sewer and lower density development where on -site sewage, treatment methods are being used. The same type and density of development can be anticipated to occur on this property that is in the area and will. be consistent with the character of the neighborhood. 11. Will the., PmRosed zone conserve the value of buildings'? Value of the buildings in the area will be conserved because the R-4 zoning will promote compatible and like uses on this property as are found on other properties in the area. 12, WiH the regLi,��sted zone encourMe the most,, appropriate use of the land throughout the municipa4ty? Urban scale residential development should be encouraged m' areas were services and facilities are available such as is being proposed on this parcel. The proposed zoning is consistent with the future lmd use designations for the area and surrounding zoning in the area. RECOMMENDATION It is recommended that the KaRspell City Planning Board and Zoning Commission adopt Staff Report #KA-05-2 as fimdings of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be R-4, Two Famfly Residentic-A. REPORTS �KALISPELL� 05 \ KA05-2 M1 4 4 4 % ....... 5 Z 6 c� W 8SA 8 C] BTQA cl A 8TQ 8T12B 8 R A A 8 R z 8T12A 11 D A 8 R A 8T14 8 Q A A 6TT3 Sub, ect ro ertv ........... 8TTA 8TT 13BAB 8p TF 8TX AA 8PA - ----- 8TXA 8TFA. THA BTYAB .... .... 8TJA 8TH X TH3 8TJB 8TYA 8TE 8TEB Ln 8TP ... ...... 8TO 14 ir 8TE 8 TYB 0 T2Cr� 8 TYC" 2 8 T Y !!!7 Y E .. .. .. .. .. .......... ....... . ... .... . CA; 8T6B; 8TC 8 T ........ 4A ........... 8 "T . . ......... 5 8T3 T 7 A' 8T4 8T 8T3A� 8TSA 8T7 ST4 0 0 ST 8T9 8T8 ST5 TN 8T10 8TSA 1 2 :--3 STt^ 3 T 8 T VAIJ Li R�l 1111116w� Rolm Qj 2. unt (;Oun yl -R� 1 . ... ........ . ...... -Ll� 14F Rma 1 --------- - - - - - -- -- ------------ -------- .......................... --------- VICINITY MAP SCALE 1 250' MISSION NORTHWEST DEVELOPMENT, LLC REQUEST FOR ANNEXATION & INITIAL ZONING OF R-4 (TWO FAMILY RESIDENTIAL) FROM COUNTY R-5 (TWO FAMILY RESIDENTIAL) PLOT DATE: 2/14/05 7TLE KA-05-2 H:\.gis\site\ ka05-2. dwg ORDINANCE NO. 1.531 AN ORDINANCE TO AMEND SECTION 27,02,010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460)., BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS LOT 2 OF WESTERN ACRES LOCATED IN SECTION 189 TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M,M,, FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-5. TWO FAMILY RESIDENTIAL) TO CITY R-4 (TWO FAMILY RESIDE NTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Mission Northwest Development, LLC, the owners of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned R-4, Two Family Residential, on approximately 0.47 acres of land, and WHEREAS, the property is located on the west side of Seventh Avenue West, north of S-unnyside Drive and south of I 1-th Street West, and WHEREAS, Mission Northwest Development" s petition was the subject of a report compiled by the Tri-City Planning Office, Staff Report #KA-05-2, dated March 1, 2005, in which the Tri-City Planning Office evaluated the petition and recommended that the property as described above be zoned R-4, Two Family Residential as requested by the petition, and WHEREAS, after consIdering all the evidence submitted on the proposal to zone the property as described R-4. Two Fan -illy Residential, the City Council finds such initial zoning to be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the ' 4 criterion set forth In Section 76-3-608, M.C.A., and State, c. v. Board of Co Commissioners, Etc. 590 P2d 602, the findings of fact of TCPO as set forth in Staff Report No. KA-05-2. NOW THEREFORE, BE IT ORDAINTED 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. 1460) is hereby amended by designating the property described above as R-4, Two Family Residential, on approximately 0.47 acres of land. SECTION 11. The balance of Section 27.02.0 10, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION 111. This Ordinance shall be effective thirty (30) days from and- after the date of its final passage and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS -1 STH DAY OF APRIL, 2005. Pamela B. Kennedy M-.ayor ATTEST: Theresa White City Clerk