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3. Ordinance 1631 - Zone Change - Sandra Aderholt - 2nd ReadingCity of Kalispell Planning Department 17 - 2rd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com REPORT TO: Kalispell Mayor and City Council FROM: Nicole C. Johnson, Planner II James H. Patrick, City Manager SUBJECT: Second Reading: Sandra Aderholt - Zoning Change from R-3 to R-5 MEETING DATE: February 19, 2008 BACKGROUND: This is the second reading on a request for a zone change from R-3 (Urban Single Family Residential) to R-5 (Residential/Professional Office) for two lots along Meridian Road south of Three Mile Drive. The property addresses for the two lots are 1080 and 1086 North Meridian Road and can be legally described as Lot 2 and Lot 3 of the Adams Addition located in 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 February 4, 2007. RECOMMENDATION: A motion to approve the second reading of the ordinance for the R-3 zoning district would be in order. FISCAL EFFECTS: Positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Nicole C. Johnson ames H. Patrick Planner Il City Manager Report compiled: February 11, 2008 c: Theresa White, Kalispell City Clerk ORDINANCE NO. 1631 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 LOTS 2 AND 3 OF THE ADAMS ADDITION LOCATED IN SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R-3, URBAN SINGLE FAMILY RESIDENTIAL) TO CITY R-5 (RESIDENTIAL/PROFESSIONAL OFFICE) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Sandra Aderholt, 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-5, Residential/Professional Office, on approximately 32,167 square feet of land, and WHEREAS, the property is located on the west side of North Meridian Road approximately 100 feet south of the intersection of Three Mile Drive and North Meridian Road, and WHEREAS, the petition of Sandra Aderholt was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KZC-07-3, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned R-5, Residential/Professional Office, and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on January 8, 2008, and recommended that the zoning be City R-5, Residential/Professional Office, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-5, Residential/Professional Office, 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-07-3. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. 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-5, Residential/Professional Office on approximately 32,167 square feet 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 19TH DAY OF FEBRUARY. 2008. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk