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4. Ordinance 1612 - Initial Zoning - Ashley Park Phase 9 - 2nd ReadingCity of Kalispell Planning Department 17 r- 2"d Street Fast, Suite 211 Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751--1 S5S Wehsite: kalispellplanning.eonl REPORT TO. Kalispell Mayor and City Council FROAL Sean Conrad, Senior Planner James H. Patrick, City Manager SUBJECT Somers Land LLC. - Annexation and Initial Zoning of R-4 , Two -Family Residential MEETING DATE: June 18, 2007 BACKGROUND: This is the second reading on a request for the initial zoning designation of R-4, Two Family Residential, on approximately 8.8 acres. The property included in the annexation and initial zoning request is located at the end of Pintail Drive approximately 100 feet south of the intersection of Pintail Drive and Merganser Drive. The property can be described as a portion of Tract 4 M' the SW 1I4 of the SE 14 of Section 19, 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 June 4, 2007. RECO11UW[ENDATION: 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 sub 'tied, • 1. "_.. _ Sean Conrad James H. atri Senior Planner City Manager Report compiled: June 12, 2007 c: Theresa White, Kalispell City Clerk ORDINANCE NO.1612 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 A PORTION OF TRACT 4 IN THE SOUTHWEST QUARTER. OF THE SOUTH-EAST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-4, TWO FAMILY RESIDENTIAL) TO CITY R-4 (TWO FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Somers Land Company, 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-4, Two Family Residential, on approximately 8.8 acres of land, and WHEREAS, the property is located at the end of Pintail Drive approximately 100 feet south of the intersection of Pintail Drive and Merganser Drive, and WHEREAS, Somers Land Company's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-06-15, dated April 25, 2007, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned R--4, Two 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-4, Two 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 602, the findings of fact of KPD as set forth in Staff Report No. KA-06-15. 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 8.8 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 18TH DAY OF JUNE, 2007. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor