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H1. Ord. 1834, Schwager ZoningPLANNING FOR THE FUTURE REPORT TO: Doug Russell, City Manager FROM: Jarod Nygren, Planning Director Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning SUBJECT: Ordinance 1834 Second Reading — Schwager Zoning MEETING DATE: January 21, 2020 BACKGROUND: This is the second reading of Ordinance 1834, an ordinance to amend the Kalispell Zoning Map, and establish a zoning classification of R-2. The subject property is located at 155 Tronstad Road. The property to be annexed can be legally described as Parcel 3 of COS 1500 in the Section 18, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. The Kalispell City Council, at their meeting on January 6, 2020, approved the first reading of Ordinance 1834, 8 in favor and I opposed. RECOMMENDATION: It is recommended that the Kalispell City Council approve the second reading of Ordinance 1834, 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 Parcel 3 of COS 1500 in the Section 18, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana, to City R-2 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 1834 Link to 01-06-20 City Council Materials c: Aimee Brunckhorst, Kalispell City Clerk ORDINANCE NO. 1834 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 PARCEL 3 OF CERTIFICATE OF SURVEY 1500 IN SECTION 18, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY SAG-10) TO CITY R-2 (RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Mark Schwager, the owner 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-2, on approximately 10 acres of land; and WHEREAS, the property is located at 155 Tronstad Road; and WHEREAS, Schwager's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-19-04, dated December 10, 2019, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned R-2, Residential, as requested by the petition; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-2, 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-19-04. 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-2, Residential, on approximately 10 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 21 ST DAY OF JANUARY, 2020. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor