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8. Ordinance 1509 - Zone Change - Jeff & Karen Thiesen - 2nd ReadingREPORT TO: FROM: SUBJECT: Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity(u?centurytel.net www.tricitypianning-mt.com Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Second Reading- Zone Change Request from R-3 to R-4 Jeff & Karen Thiesen MEETING DATE: August 16, 2004 BACKGROUND: This is the second reading on a request for a change in zoning from. R-3, Urban Single Family Residential, to R-4, Two Family Residential, on approximately 5.53 acres. A request for preliminary plat approval of Sinopah Subdivision was filed concurrently with the zone change request which will plat 26 lots. This property is located between North Meridian Road and Northwest Lane, north of Three Mile Drive. The Kalispell City Council approved the first reading of the ordinance for the zone change and the preliminary plat at their regular meeting of August 2, 2004 subject to conditions. RECOMMENDATION: A motion to approve the second reading of the ordinance approving the zone change would be in order. FISCAL EFFECTS: ALTERNATIVES: Respectfully submitted, I'm ' I. 1�'J Narda A. WAson Senior Planner Minor positive impacts once fully developed. As suggested by the City Council. Report compiled: August 11, 2004 c: Theresa White, Kalispell City Clerk TRANSMIT\ KA .I SPEI, \ 2004 \KZC04-3MEM2 Chris A. Kukulski City Manager Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls ORDINANCE NO.1509 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 LOTS 13, 14, 15, 27, 28, AND 29, BLOCK I NORTHWEST TRACTS, A PLATTED SUBDIVISION IN SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R-3, URBAN SINGLE FAMILY RESIDENTIAL) TO CITY R-4 (TWO FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Jeff and Karen Thiesen, 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 5.53 acres of land, and WHEREAS, the property is located between North Meridian Road and Northwest Lane, north of Three Mile Drive, and is immediately south of Kalispell Junior High School, and WHEREAS, the petition of Jeff and Karen Thiesen was the subject of a report compiled by the Tri-City Planning Office, #KZC-04-3, dated July 7, 2004, in which the Tri-City Planning Office 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, the Kalispell City Planning Board and Zoning Commission adopted the TCPO report and recommended the property as described be zoned R-4, Two Family Residential, 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 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 Report No. KZC-04-3. 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 5.53 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 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 16TH DAY OF AUGUST, 2004. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk