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2. Ordinance 1642 - Initial Zoning - Randal Davis - 2nd ReadingPLANNING FOILTHE FITI'tJItE MUNI ANA JU REPORT TO: Kalispell Mayor and City Council FROM: Sears Conrad, Senior Planner James H . Patrick, City Manager Planning Department 201 1 St Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalisppil.com/Rlannin2 SUBJECT Second Reading: Randal Davis Initial zoning of R-3, Urban Single Family Residential MEETING DATE: July 17, 2008 BACKGROUND: This is the second reading on a request for an initial zoning designation of R-3, Urban Single Family Residential, on one lot approximately 11,000 square feet in size. The property is located on the north side of Shady Glen Drive approximately 300 feet east of the intersection of Shady Glen Drive and Woodland Park Drive. The property address is 529 Shady Glen Drive. The property can be legally described as Lot 6 of Block 1 of Phillips Addition to Kalispell located within Section 8, 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 July 7, 2008. 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. Respectfully submitted, Sean Conrad %ames H. Patrick Senior Planner City Manager Report compiled: July 17, 2008 c: Theresa white, Kalispell City Clerk ORDINANCE NO. 1642 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460)9 BY ZONING CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS LOT 6 OF BLOCK. 1 OF PHILLIPS ADDITION LOCATED IN SECTION S, TOWNSHIP 28 NORTH, RANGE 21 WEST, FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-5 (TWO FAMILY RESIDENTIAL)) TO CITY R-3 (URBAN SINGLE FAMILY RESIDENTIAL) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Randal Davis, 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-3, Urban Single Family Residential, on approximately 11,000 square feet land, and WHEREAS, the property is located on the north side of Shady Glen Drive, 300 feet east of the intersection with Woodland Park Drive, and WHEREAS, the petition of Randal Davis was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-08-2, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned R-3, Urban Single Family Residential, and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on June 10, 2008, and recommended that the zoning be City R-3, Urban Single Family Residential, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-3, Urban Single 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 of KPD as set forth in Staff Report No. KA-08-2. 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-3, Urban Single Family Residential on approximately 11,000 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 21ST DAY OF JULY, 2008. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor