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8. Ordinance 1540 - Initial Zoning - David & Beverly Mosby - 2nd ReadingREPORT TO: FROM: SUBJECT Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 7514850 Fax: (406) 751-1858 tricity@centurytel.net www.tricitypianning-mt.com Kalispell Mayor and City Council Narda A. Wilson, Senior Planner James H. Patrick, City Manager Second Reading - David and Beverly Mosby - Initial Zoning of R-3 Upon Annexation 6tb Avenue East and 141h Street East MEETING DATE: June 20, 2005 BACKGROUND: This is the second reading of an ordinance assigning a zoning designation of R-3, Urban Single Family Residential on approximately 0.49 acres. The property is located on the west side of 6th Avenue East, and south of 14tn Street East. The property will be subdivided into two lots with the existing house on the property being retained. The first reading of the ordinance was approved by the Kalispell City Council at their regular meeting of June 6, 2005 along with a resolution annexing the property. RECOMMENDATION: A motion to approve the second reading of the ordinance for initial zoning would be in order. FISCAL EFFECTS: Limited positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, A�uk Z�A Narda A. Wilson Senior Planner Report compiled: June 14, 2005 C:: James . atric City Manager c: Theresa White, Kalispell City Clerk Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls • ORDINANCE NO. 1540 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 A PORTION OF ASSESSOR'S TRACT 5Q LOCATED IN SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M. FLATHEAD COUNTY, MONTANA (.PREVIOUSLY ZONED COUNTY R-4, TWO FAMILY RESIDENTIAL) TO CITY R-3 (URBAN SINGLE FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, David and Beverly Mosby, 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 0.45 acres of land, and WHEREAS, the property is located on the south side of 14th Street East between 6th Avenue East and 7th Avenue East, and WHEREAS, the Mosby's petition was the subject of a report compiled by the Tri-City Planning Office, Staff Report #KA-05-6, dated May 2, 2005, in which the Tri-City Planning Office 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 WUF,RVAfi_ afterc-omc'dnrinaall tho evideme.. ooihmittrd nn tho nrnno-,nl to vone the property a¢ 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 602, the findings of fact of TCPO as set forth in Staff Report No. KA-05-6. NOW THEREFORE, BE .IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. Section 27.02.01.0, 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 0.45 acres of land. 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 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 DUNE, 2005. Pamela B. Kennedy ATTEST: Mayor Theresa White City Clerk