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E2. Ordinance 1827 - Stutzman Second ReadingPLANNING FOR THE FLrrURE hi 1 K yek REPORT TO: Doug Russell, City Manager FROM: Jarod Nygren, Senior Planner SUBJECT: Ordinance 1827 Second Reading — Stutzman MEETING DATE: June 17, 2019 Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning BACKGROUND: This is the second reading of Ordinance 1827, an ordinance to amend the Kalispell Zoning Map, and establish a zoning classifications of R-4. The subject property to be rezoned can be described as Tract 7ABB in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The Kalispell City Council, at their meeting on June 3, 2019, approved the first reading of Ordinance 1827, unanimously upon roll call vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve the second reading of Ordinance 1827, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, by zoning certain real property, more particularly described as Tract 7ABB in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana to city R-4, 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 1827 c: Aimee Brunckhorst, Kalispell City Clerk ORDINANCE NO. 1827 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE (ORDINANCE NO.1677), BY ZONING CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS TRACT 7ABB IN SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R-1, RESIDENTIAL, AND COUNTY R-1, RESIDENTIAL) TO CITY R-4 (RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Timothy and Naomi Stutzman, 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, on approximately 2.8 acres of land; and WHEREAS, the property is located at 724 Sunnyside Drive; and WHEREAS, the Stutzmans' petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-19-01, dated May 6, 2019, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned R-4, 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, Residential, the City Council finds such initial zoning to be 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 findings of fact of KPD as set forth in Staff Report No. KA-19-01. 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, Residential, on approximately 2.8 acres of land. 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 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 17TH DAY OF JUKE, 2019. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor