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E5. Ord. 1868, Meridian Apartments Ph 2 Second ReadingKALisPEii. Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannine REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: Ordinance 1868 — Meridian Apartments Phase 2 Zone Change (Second Reading) MEETING DATE: November 15, 2021 BACKGROUND: Meridian Investments, LLC, has submitted an application for a zone change on approximately 1.0 acres of land located to the east of 41 Meridian Court. The property is currently zoned R-4 (Residential), and the proposed zone change would be to B-1 (Neighborhood Business). The zone change would allow multi -family dwellings as a conditionally permitted use on the property. The property is located east of 41 Meridian Court and can be described as Lots 13A, 14A, and 15A of Bergman Tracts, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. The Kalispell City Council, at their meeting on November 1, 2021, approved the first reading of Ordinance 1868 unanimously, along with the accompanying conditional use permit for a multi -family residential use. RECOMMENDATIONS: ZONE CHANGE: It is recommended that the Kalispell City Council approve the second reading of Ordinance 1868, an Ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance 1677, by rezoning certain real property described as Lots 13A, 14A, and 15A of Bergman Tracts, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, from R-4 (Residential) to B-1 (Neighborhood Business) in accordance with the Kalispell Growth Policy Plan- It 2035, and provide an effective date. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1868 The following items are linked from the November 1, 2021, Council Materials: October 12, 2021, Kalispell Planning Board Minutes Staff Report Application Materials & Maps Aimee Brunckhorst, Kalispell City Clerk ORDINANCE NO. 1868 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 LOTS 13A,14A, AND 15A OF BERGMAN TRACTS, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R-4) TO CITY B-1 (NEIGHBORHOOD BUSINESS), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Meridian Investments, LLC, 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 1.0 acre of land; and WHEREAS, the property is located at 41 Meridian Court; and WHEREAS, Meridian Investments' petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KZC-21-03, dated October 6, 2021, 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. KZC-21-03. 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 1.0 acre 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 NOVEMBER, 2021. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor