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2. Ordinance 1643 - Initial Zoning - Tom Tonkinson - 2nd ReadingREPORT TO: Kalispell Mayor and City council FROM: Nicole C. Johnson, Planner II James H. Patrick, City Manager SUBJECT: Second Reading: Tom Tonkinson -- Initial zoning of R-4, Two -- Family Residential MEETING DATE: August 18, 2008 BACKGROUND: This is the second reading on a request for an initial zoning designation of R-4, Two -Family Residential, on approximately one half acre of land. The property is located on the west side of Meridian Road between 5th and 6th streets west just north of the Foys Lake Road bend. The property is addressed 610 south Meridian. Road and can be legally described as Tract 7ABBB located in. Section 18, Township 28, Range 22, P. M . M . , Flathead county, Montana. The Kalispell Cif",: council approved the first reading of the ordinance at their regular meeting of August 4, 2008. RECDMMENDA'TION: A motion to approve the second reading of the ordinance for initial zoning would be in order. FISCAL EFFECTS: Minor positive impacts. Report compiled: August 7, 2008 c: Theresa white, Kalispell city Clerk ORDINANCE NO. 1643 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 TRACT 7ABBB LOCATED IN SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-1 (SUBURBAN RESIDENTIAL)) TO CITY R-4 (TWO FAMILY RESIDENTIAL) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Tom. Tonkinson, 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 R-4, Two Family Residential, on approximately one --half acre of land, and WHEREAS, the property is located on the west side of Meridian Road between 5th and 6th Streets West, and WHEREAS, the petition of Tom Tonkinson was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-08-04, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned R-4, Two Family Residential, and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on July 8, 2008, and recommended that the zoning be City 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 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 ❑f KPD as set forth in Staff Report No. KA-08-04. 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. 1460) is hereby amended by designating the property described above as R-4, Two Family Residential on approximately one-half acre 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 KALISPELL, MONTANA, THIS 18TH DAY OF AUGUST, 2008. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor