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08. Ordinance 1317 - Zone Change - Berger - 2nd ReadingFlathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Annexation and Initial R-4 Zoning - David and Deanne Berger MEETING DATE: July 6, 1999 BACKGROUND: This is the second reading on initial zoning of R-4, a Two Family Residential, zoning district upon annexation for approximately 0.62 acres located at the northern boundary of Belmar Addition subdivision which the council approved the first reading on June 21, 1999. On June 8, 1999 the Kalispell City -County Planning Board held a public hearing to evaluate the most appropriate zoning upon annexation and are recommending that this property be zoned R-4, Two Family Residential, upon annexation. RECOMMENDATION: A motion to adopt the second reading of the ordinance for R-4 zoning upon annexation would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. . ,A--2Z" - Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: July 1, 1999 Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • ORDINANCE NO. 1317 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), THE BERGER ADDITION NO. 292 (PREVIOUSLY ZONED COUNTY R-1, SUBURBAN RESIDENTIAL) TO CITY R-4 (TWO FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, David and Deanne Berger, the owners of property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be changed to R-4, Two Family Residential, and WHEREAS, the property as described exists as property surrounded to the North by County R-1 Zoning (100 year floodplain), to the East by County R-1 Zoning (undeveloped), to the South by City R-4 Zoning (Single family homes), and to the West by County R- 1 Zoning (undeveloped), and WHEREAS, the petition of David and Deanne Berger was the subject of a report compiled by the Flathead Regional Development Office, #KA-99-4, dated June 1, 1999, in which the Flathead Regional Development Office evaluated the petition and recommended that the property as described above be zoned R-4, Two Family Residential as requested by the petition, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission adopted the FRDO report and recommended the property as described be zoned R-4, Two Family Residential, 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 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 FRDO as set forth in Report No. KA-99-4. 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 #1175) is hereby amended by designating the property described as the Berger Addition No. 292, as R-4, Two Family Residential. H:\attsect\wp\ord\1317 berger zc.wpd 1 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. SECTION III. This Ordinance (30) days from and after the and approval by the Mayor. shall be effective thirty date of its final passage PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS DAY OF JULY, 1999. Wm. E. Boharski Mayor ATTEST: Theresa White City Clerk H:\attsect\wp\ord\1317 berger zc.wpd 2