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4. Ordinance 1620 - Initial Zoning - Mountain Vista Estates Phase 4 - 2nd ReadingREPORT TO: FROBC SUBJECT MEETING BATE: City of Kalispell Planning Department 17 - 2"d Stred East, Suite 211 Kalispell, Montana 59901 Telephone. (406) 751-1850 Fax-, (406) 751 -1858 website: kalispellplanning.corn Kalispell Mayor and City Council Nicole C. Johnson, Planner II James H. Patrick, City Manager Second Reading: Touchstone LLC -- annexation and initial zoning of R-3, Urban Single Family Residential August 20, 2007 BACKGROUND: This is the second reading on a request for the initial zoning designation of R-3, Urban Single Family Residential, on approximately 7.6 acres. The property included in the annexation and initial zoning request is located on the north side of Three Mile Drive about one-half mile west of Stillwater Road. It abuts the easterly boundary of Mountain Vista Estates Phase I, a city subdivision that received final plat approval in August of 2006. Spring Creek makes up the northern and easterly boundary of the subdivision and the project is just north of the Cottage Gardens subdivision. The property can be legally described as Assessors Tracts 1 BFA located in Section 2, Township 28 North, Range 22 west, P.P.M., Flathead County. The Kalispell City Council approved the first reading of the ordinance at their regular meeting of August 6, 2007. RECGIMENDATIOR, 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, Nicole C. Johns Planner II Report compiled: April 14, 2007 c: Theresa white, Kalispell City Clerk �, �._..._......... ..... .... J' ameS"� Patric City Manager ORDINANCE NO. 1620 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 1BFA IN SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY SAG-5, SUBURBAN AGRICULTURAL) TO CITY RW3 (URBAN SINGLE FAMILY RESIDENTIAL) IN ACCORDANCE WITH THE K_ALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE, WHEREAS, Touchstone, 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 R-3, Urban Single Family Residential, on approximately 7.6 acres of land, and WHEREAS, the property is located on the north side of Three Mile Drive one-half mile west of Stillwater Road, and WHEREAS, the petition of Touchstone, LLC was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-07-12, 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 July 10, 2007, and recommended that the initial zoning be City R-3, Urban Single Family Residential, upon annexation to the City of Kalispell, 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-07-12. 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 7.6 acres. 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 20TH DAY OF AUGUST, 2007. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk