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1. Ordinance 1718 - Zone Change Request - 2nd ReadingPLANNING FOR THE FUTURE P A �r to)4"V Sri f � REPORT TO: Doug Russell, City Manager FROM: Sean Conrad, Senior Planner Planning Department 2011" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/p jannin SUBJECT Second Reading: Tanner etal, zone change request from R-3 to R-4 MEETING DATE: December 17, 2012 BACKGROUND: This is the second reading on a request from Natasha Tanner etal, for a zone change on three lots from R-3 (Residential) to R-4 (Residential). The three lots are located in the Park View Terrace subdivision on the north side of Indian Trail Road. The lot addresses are 50 Rising Sun Circle, 70 Rising Sun Circle and 202 Farview Drive. The lots can be legally described as lots 1, 3 and 7 of Block 2 of the Park View Terrace subdivision. The lots are located in Section 6, 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 December 3, 2012. RECOMMENDATION: A motion to approve the second reading of the ordinance for the zone change would be in order. FISCAL EFFECTS: Not applicable ALTERNATIVES: As suggested by the city council. Respectfully submitted, Sean Conrad Senior Planner Report compiled: December 10, 2012 c: Theresa White, Kalispell City Clerk ORDINANCE NO. 1718 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 1, 3 AND 7 OF BLOCK 2 OF THE PARK VIEW TERRACE SUBDIVISION, LOCATED IN SECTION 6, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, (CURRENTLY ZONED CITY R-3 (RESIDENTIAL) TO CITY R-4 (RESIDENTIAL)) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Natasha Tanner, one of the owners of the properties described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land, currently zoned City R-3, Residential, be zoned R-4, Residential, on approximately 20,712 square feet of land; and WHEREAS, the properties are lots 1, 3 and 7 in the Park View Terrace subdivision; and WHEREAS, the petition of Natasha Turner was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KZC-12-02, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned R-4, Residential, pursuant to Kalispell City Code 27.29.020; and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on November 13, 2012, and recommended that the zoning be City R-4, 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, 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. KZC-12-02. 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 above as R-4, Residential, on approximately 20,712 square feet of land. SECTION II. 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. Ordinance 1718 —Tanner Zone Change 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 17TH DAY OF DECEMBER, 2012. ATTEST: Theresa White City Clerk Tammi Fisher Mayor Ordinance 1718 —Tanner Zone Change