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E7. Ord 1838 - Sulewski Zoning - 2nd ReadingPlanning Department 201 1" Avenue East CITY OF Kalispell, MT 59901 Phone: (406) 758-7940 KALISPELL Fax: (406) 758-7739 www.kalispell.com/plannine REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: Ordinance 1838 Second Reading - Sulewski Zone Change MEETING DATE: March 16, 2020 BACKGROUND: This is the second reading of Ordinance 1838, an ordinance to amend the Kalispell Zoning Map, and establish a zoning classification of B-1, based on a request from Sandra Sulewski. The property is located at 1260 North Meridian Road and can be more particularly described as Lot 17, Block 1 of Northwest Tracts, according to the map or plat thereof on file and of record in the Office of the Clerk and Recorder, Flathead County, Montana. The Kalispell City Council, at their meeting on March 2, 2020, approved the first reading of Ordinance 1838 unanimously. RECOMMENDATION: It is recommended that the Kalispell City Council approve the second reading of Ordinance 1838, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance 1677, by rezoning certain real property described as Lot 17, Block 1 of Northwest Tracts to City B-1 (Neighborhood Business) in accordance with the Kalispell Growth Policy Plan — It 2035, and to provide an effective date. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1838 Link to materials from the 03-02-20 Council Meeting c: Aimee Brunckhorst, Kalispell City Clerk ORDINANCE NO. 1838 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 LOT 17, BLOCK 1 OF NORTHWEST TRACTS, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER, FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED R-3, RESIDENTIAL) TO B-1 (NEIGHBORHOOD BUSINESS), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Sandra Sulewski, 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 B-1, on approximately 0.93 acres of land; and WHEREAS, the property is located at 1260 North Meridian Road; and WHEREAS, Sulewski's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-20-01, dated February 5, 2020, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned B-1, Neighborhood Business, as requested by the petition; 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 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-20-01. 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 B-1, Neighborhood Business, on approximately 0.93 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 DAY OF MARCH, 2020. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor