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2. Ordinance 1653 - Initial Zoning - New Vistas Assisted Living LLC - 2nd ReadingREPORT TO. Kalispell Mayor and City Council FROM* Sean Conrad, Senior Planner Myrt Webb, Interim City Manager SUBJECT Second Reading-. New vistas Assisted Living LLC -- Initial Zoning of RA- 1, Low Density Residential Apartment MEETING DATE: January 20, 2009 BACKGROUND: This is the second reading on a request for an initial zoning designation of RA- 1 on approximately 10. 2 acres of land. The property is located on the south side of Three Mile Drive approximately 100 feet west of the intersection of Three Mile Drive and North Riding Road. The property address is 252 Three Mile Drive. The property can be legally described as assessor's tracts 4 and 4BB located within Section 12, 'Township 28 North., Range 22 west, P.M.M. , Flathead County, Montana. The Kalispell City Council approved the first reading of the ordinance at their regular meeting of January 5, 2009. RECOMMENDATION: A motion to approve the second reading of the ordinance for initial zoning would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES. As suggested by the city council. Respect Sean Co Senior Planner Deport compiled: January 5, 2009 c: Theresa white, Kalispell City Clerk M Webb Interim City Manager ORDINANCE NO. 1653 AN ORDINANCE TO AMEND SECTION 27,02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACTS 4 AND 4BB LOCATED IN SECTION 12, 'T'O,WNSHIP 28 NORTH, RANGE 22 WEST, FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-1 (SUBURBAN RESIDENTIAL)) TO CTTY RA-1 (LOVE DENSITY RESIDENTIAL APARTMENT) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, New Vistas Assisted Living 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 RA-W 1, Low Density Residential Apartment, on approximately 10.2 acres of land, and WHEREAS, the property is located on the south side of Three Mile Drive, 100 feet west of the intersection with Three Mile Drive and North Riding Road, and WHEREAS, the petition of New Vistas Assisted Living LLC was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA.-08-7, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned RA-1, Low Density Residential Apartment, and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on December 9, 2008, and recommended that the zoning be City RA-1, Low Density Residential Apartment, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described RA-1, Low Density Residential Apartment, 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-08-7. 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. 1460) is hereby amended by designating the property described above as RA-1, Low Density Residential Apartment on approximately 10.2 acres 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. 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 RALISPELL, MONTANA, THIS 20TH DAY OF JANUARY, 2009. Pamela B. Kennedy Mayor ATTEST. - Theresa White City Clerk