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I1. Ord 1843 - Behe Zone Change - 2nd ReadingCITY OF KALISPELL REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner Planning Department 201 Ist Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannine SUBJECT: Ordinance 1843 Second Reading — Behe Initial Zoning MEETING DATE: June 15, 2020 BACKGROUND: This is the second reading of Ordinance 1843, an ordinance to amend the Kalispell Zoning Map and establish a zoning classification of R-2 (Residential), based on a request from Connie Behe. The property is located at 1100 Two Mile Drive. The property can be more particularly described as Assessors Tract 3ACB in the Northeast Quarter of the Southeast Quarter of Section 11, Township 28 North, Range 22 West, M.P.M., Flathead County, Montana. The Kalispell City Council, at their meeting on June 1, 2020, approved the first reading of Ordinance 1843 unanimously with Councilor Hunter abstaining. RECOMMENDATION: It is recommended that the Kalispell City Council approve the second reading of Ordinance 1843, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, by zoning certain real property described as Assessors Tract 3ACB in the Northeast Quarter of the Southeast Quarter of Section 11, Township 28 North, Range 22 West, M.P.M., Flathead County, Montana, as City R-2 (Residential), 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 1843 Link to 06-01-20 materials Aimee Brunckhorst, Kalispell City Clerk ORDINANCE NO. 1843 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 ASSESSORS TRACT 3ACB IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA AND MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", (PREVIOUSLY ZONED COUNTY R-2) TO CITY R-2 (RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Connie Behe, 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 0.5 acres of land; and WHEREAS, the property is located at 1100 Two Mile Drive; and WHEREAS, Behe's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-20-02, dated May 6, 2020, 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-20-02. 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 0.5 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 15TH DAY OF JUNE, 2020. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor EXHIBIT "A" A tract of land, situated, lying and being in the Northeast quarter of the Southeast quarter (NE 1/4 SE 1/4) of Section 11, Township 28 North, Range 22 West, M.P.M., Flathead County, Montana, and more particularly described as follows: Beginning at a point 25.28 feet South and 204.27 feet West of the quarter corner on the East side of said Section 11; thence South 89 degrees 55' 15" West, a distance of 125.00 feet; then South 00 degrees 55' 40" East, a distance of 174.60 feet; thence North 89 degrees 55' 15" East, a distance of 125.00 feet; thence North 00 degrees 55' 40" West, a distance of 174.60 feet to the Point of Beginning. Shown as Tract 1 of Deed Exhibit 9309, recorded April 5, 1967 under Recorder's Fee 92285, records of Flathead County, Montana.