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4. Ordinance 1498 - Initial Zoning - Debbie Willis - 2nd ReadingREPORT TO: FROM: SUBJECT Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity@centurytel.net www.tricitv.P tanning-nit.com Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Second Reading for Initial Zoning of R-4 - 900 Block of Sunnyside Drive MEETING DATE: May 17, 2004 BACKGROUND: This is the second reading of an ordinance for an initial zoning designation of R-4, Two Family Residential on approximately 1.5 acres. The property proposed for annexation lies on the north side of Sunnyside Drive near the intersection of Denver Avenue. The first reading of this ordinance was adopted by the Kalispell City Council at their regular meeting of May 3, 2004 to assign an R-4, Two Family Residential, upon annexation to the city. RECOMMENDATION: A motion to adopt the second reading of the ordinance for R-4 zoning upon annexation would be in order. FISCAL EFFECTS: ALTERNATIVES: Respectfully submitted, t Narda A. Wilson, Senior Planner Minor positive impacts once fully developed. As suggested by the city council. Report compiled: May 12, 2004 c: Theresa White, Kalispell City Clerk TRANSMIT\KALISPEL\2004\KA04-4MEM02 cit, Chris A. Kukulski City Manager Providing Community Planning Assistance To: City of Kalispell • City of Whitefish - City of Columbia Falls ORDINANCE NO.1498 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 TRACT A IN LOT 5 OF SUNNYSIDE PARK 1N SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M. FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-1, SUBURBAN RESIDENTIAL) TO CITY R-4 (TWO FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Debbie Willis, 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 R-4, Two Family Residential, on one and one-half acres of land, and WHEREAS, the property is located on the north side of Sunnyside Drive near the intersection of Denver Avenue, and WHEREAS, the Willis petition was the subject of a report compiled by the Tri-City Planning Office, Staff Report #KA-04-4, dated April 6, 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, 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 Countv Commissioners, Etc. 590 P2d 602, the findings of fact of TCPO as set forth in Staff Report No. KA-04-4. 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 one and one-half 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 OF THE CITY OF KALISPELL THIS 17TH DAY OF MAY, 2004. Pamela B. Kennedy ATTEST: Mayor Theresa White City Clerk