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3. Ordinance 1684 - Initial Zoning - Trinidad Holdings, LLP - 2nd ReadingREPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Jane Howington, City Manager SUBJECT Second Reading - Trinidad Holdings, LLP initial zoning of R-4 (Residential) MEETING DATE: October 18, 2010 BACKGROUND: This is the second reading on a request for an initial zoning designation of R-4 (Residential) on a property totaling approximately 0.90 of an acre in size. The property is located on the west side of 81h Avenue West approximately 200 feet south of the intersection of 8`h Avenue West and 101h Street West. The property address is 1010 8th Avenue West and spans from 8th Avenue West to Ashley Creek. The property can be described as Lot 5 of Block 13 of High School Addition to Kalispell, records of Flathead County, Montana; excepting therefrom the northerly 12.47 feet within Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The Kalispell City Council approved the first reading of the ordinance at their regular meeting of October 4, 2010. RECOMMENDATION: A motion to approve the resolution annexing the property and a motion to approve the first reading of the ordinance for initial zoning of R-4 (Residential) would be in order. FISCAL EFFECTS: The cost of services analysis indicates the annexation will cost the city to serve the property. However, with properties immediately adjacent to the city limits the costs to our streets, parks, etc. are already being experienced with no tax compensation. Annexing the property and the accompanying city taxes would help to pay for the services and impacts to city infrastructure. ALTERNATIVES: As suggested by the city council. Respectfully submitted Sean Conrad Senior Planner Report compiled: October 11, 2010 c. Theresa White, Kalispell City Clerk HIGH SCHOOL ADDITIONTO KALISPELL, RECORDS OF • i COUNTY, i,NTANA; EXCEPTING THEREFROM NORTHERLY , SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED ON FAMILY RESIDENTIAL)) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Trinidad Holdings, LLP, 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, Two Family Residential, on approximately 0.90 acres of land, and WHEREAS, the property is located on the on the west side of Eighth Avenue West approximately 200 feet south of the intersection of Eighth Avenue West and Tenth Street West, and WHEREAS, the petition of Trinidad Holdings, LLP, was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-10-04, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned R-4, Two Family Residential, pursuant to Kalispell City Code 27.29.020, and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on September 14, 2010, and recommended that the zoning be City R-4, Two Family Residential, pursuant to Kalispell City Code 27.29.030, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-4, Two Family Residential, the City Council finds such zoning to be consistent with the Kalispell Growth Policy 2020 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-10-04. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. 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 on Exhibit "A" below as R-4, Two Family Residential, on approximately 0.90 acres of land. SECTION H. 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 III. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 18TH DAY OF OCTOBER, 2010. ATTEST: Theresa White City Clerk Tammi Fisher Mayor EXHIBIT A LEGAL DESCRIPTION " ` 1 1 l 1 ",. A tract of land in the Northeast Quarter of the Southwest Quarter of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, more particularly described as follows: Lot 5 of Block 13 of High School Addition to Kalispell, records of Flathead County, Montana; excepting therefrom the northerly 12.47 feet.