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4. Ordinance 1589 - Initial Zoning - Lisa Wade - 2nd ReadingREPORT TO: FROG: SUBJECT: MEETING BATE: City of Kalispell Planning Department 17 - 2' Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-185 S Website: kalispeilplanning.com Kalispell Mayor and city Council Sean Conrad, Senior Planner James H. Patrick, city Manager Second Reading - Lisa Wade Annexation and Initial zoning of RA-1 (Low Density Residential Apartment) November 6, 2006 BACKGROUND: This is the second reading on a request for an initial zoning designation of RA-1 (Low Density Residential Apartment) on approximately 14,375 square feet located at 16 15 Fifth Avenue East, Kalispell. It is the intent of the property owner to develop the property with an apartment building. The Kalispell City council approved the first reading of the ordinance at their regular meeting of October 16, 2006. REC[ MBIENDATION: A motion to approve the second reading of the ordinance for initial zoning RA-1 Would be in order. FISCAL EFFECTS: Minor fiscal impacts once fully developed. ALTERNATIVES: As suggested by the City council. Respectfully su ed, Sean Conrad Senior Planner Report compiled: October 31, 2006 c: Theresa White, Kalispell city Clerk lit es H. Pa 'ck- City Manager ORDINANCE NO, 1589 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 DESCRIBED AS PARCEL B OF CERTIFICATE OF SURVEY NO. 4789 IN THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-4, SUBURBAN RESIDENTIAL) TO CITY RA-1 (LOW DENSITY RESIDENTIAL APARTMENT), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Lisa Wade, 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 RA-1, Low Density Residential Apartment, on approximately 0.33 acres of land, and WHEREAS, the property is located on the east side of Fifth Avenue East near the 1700 block, and WHEREAS, the Wade petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #A-06-9, dated September 6, 2006, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned RA-1, Low Density Residential Apartment, as requested by the petition, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described RA.-1, Low Density Residential Apartment, 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-06-9. 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 properties described above as RA-1, Low Density Residential Apartment, on approximately 0.33 acres of land. SECTION U. 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 6TH DAY OF NOVEMBER, 2006. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor