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2. Ordinance 1547 - Initial Zoning - Brown - 2nd ReadingCity of Kalispell Planning Department 17 - 2"d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Websitc: kalispellplanning.com REPORT TO: Kalispell Mayor and City Council FROM: Thomas R. Jentz, Director James H. Patrick, City Manager SUBJECT Second Reading - Robert and Glenda Brown Initial Zoning of R-4, Two Family Residential, West Side of 7h Ave West MEETING DATE: August 15, 2005 BACKGROUND: This is the second reading of an ordinance for an initial zoning designation of R-4, Two Family Residential upon annexation to the city of Kalispell. The Kalispell City Council approved the first reading of the ordinance at their regular meeting of August 1, ZOOS concurrent with the annexation request The property contains approximately 0.51 of an acre and is located on the northwest corner of 7Th Avenue West and Sunnyside Drive. RECOMMENDATION; A motion to approve the second reading of the ordinance for initial zoning of R-4 would be in order FISCAL EFFECTS: Positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Thomas R. Jentz arnes H. Patrick Director City Manager Report compiled: August 3, 2005 c: Theresa White, Kalispell City Clerk ORDINANCE NO. 1547 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 LOT 7 OF WESTERN ACRES LOCATED IN SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M. FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-5, 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, Robert and Glenda .Brown, 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 0.51 acres of land, and WHEREAS, the property is located on the northwest corner of 7th Avenue West, north of Sunnyside Drive, and WHEREAS, the Browns' petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-05-12, dated July 6, 2005, 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-05-12. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. 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 0.51 acres of land. SECTION II. The valance 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 15TH DAY OF AUGUST, 2005. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor