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3. Ordinance 1598 - Initial Zoning - Mathiason - 2nd ReadingREPORT TO: FROAL SUBJECT: EETING DATE: City of Kalispell Planning Department 17 - 2d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-18 S 8 Wehsite: kali.spellplanning.com Kalispell Mayor and City Council Sean Conrad, Senior Planner James H. Patrick, City Manager Second Reading -- Mathiason -- Initial zoning for Blue Skies Subdivision February 20, 2007 BACKGROUND: This is the second reading on a request for initial zoning designation of R-3 on a 2 acre property. The property is located on the east side of Valley View Drive approximately 1,000 feet south of the intersection of Valley View Drive and Foys Lake Road. The property address is 115 Valley View Drive and the property can be described as Assessor's Tracts 3DE and 3DEA located in Section 13, Township 28 North, Lange 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 5, 2007. R.EC[]MMENDATION: A motion to approve the second reading of the ordinance for initial zoning would be in order FISCAL EFFECTS: Positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Respectfully s �tted, Sean Conrad Senior Planner Report compiled: February 13, 2007 c: Theresa White, Kalispell City Clerk awes H: Patrick City Manager ORDINANCE NO. 1598 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS PARCELS A & B OF CERTIFICATE OF SURVEY NO. 14634 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-3 (URBAN SINGLE FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 20209 AND TO PROVIDE AN EFFECTIVE DATE, WHEREAS, James and Peggy Mathiason, the owners 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 2 acres of land, and WHEREAS, the property is located on the east side of Valley View Drive approximately 1,000 feet south of the intersection of Foys Lake Road, and WHEREAS, the Mathiason's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-06-1.6, dated December 26, 2006, 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, as requested by the petition, 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 initial 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 6021, the findings of fact of KPD as set forth in Staff Report No. KA-06-16. 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 2 acres of land. SECTION H. 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 M. This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 20TH DAY OF FEBR.UARY, 2007. ATTEST: Theresa 'White City Clerk Pamela B. Kennedy Mayor