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02. Ordinance 1714 - Zoning - North Star Associates - 2nd ReadingPLANNING FOR THE FUTURE REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Charlie Harball, Interim City Manager Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning SUBJECT Second Reading: North Star Associates - Initial Zoning of R-2 (Residential) MEETING DATE: April 16, 2012 BACKGROUND: This is the second reading on a request for an initial zoning designation of R-2 (Residential) for a 1.35 acre property located at 3201 Highway 93 North on the east side of the highway approximately'/ of a mile south of the intersection of Highway 93 and Ponderosa Lane. The property can be legally described as Tract A as shown on Certificate of Survey No. 17674 located in Section 19, Township 29 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 April 2, 2012. RECOMMENDATION: A motion to approve the second reading of the ordinance for initial zoning of R-2 (Residential) would be in order. FISCAL EFFECTS: Minor positive effects once annexed. ALTERNATIVES: As suggested by the city council. Respectfully submitt Sean Conrad Senior Planner Report compiled: April 10, 2012 c: Theresa White, Kalispell City Clerk Charlie Harball Interim City Manager r ! • i r ►' a ZONED 1 (SUBURBAN AGRICULTURAL) 1 TO P,O, WHEREAS, NorthS tar Associates, the owner of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land, currently zoned County SAG-10 (Suburban Agricultural), be zoned R-2, Residential, on approximately 1.35 acres of land; and WHEREAS, the property is located on the east side of Highway 93 North, approximately one quarter mile south of the intersection of Highway 93 North and Ponderosa Lane; and WHEREAS, the petition of NorthStar Associates was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-12-01, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned R-2, Residential, pursuant to Kalispell City Code 27.29.020, and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on March 13, 2012, and recommended that the zoning be City R-2, 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-2, 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-12-01. NOW !' ORDAINED 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 above as R-2, Residential, on approximately 1.35 acres of land. SECTION 11. 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 16TH DAY OF APRIL, 2012. Tammi Fisher Mayor Theresa White City Clerk