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09. Ordinance 1433 - Initial Zoning Request - Ashley Park Phase IV - 2nd ReadingREPORT TO: FROM: SUBJECT MEETING DATE: Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Second Reading on Initial Zoning of R-4, Two Family Residential, for Ashley Park Phase IV - West Side of Airport Road August 5, 2002 BACKGROUND: This is the second reading on the assignment of initial zoning for property being annexed into the city located on the west side of Airport Road and south of Teal Drive platted as Ashley Park Phase IV, a residential subdivision on approximately 10.445 acres. The applicant is requesting the assignment of R-4, Two Family Residential zoning upon annexation into the city. This zoning is consistent with the previous three phases of Ashley Park subdivision which have been platted and annexed into the City. On July 22, 2002 at a special meeting the Kalispell City Council approved the first reading of initial zoning of R-4 and the final plat for Ashley Park Phase IV. On July 9, 2002 the Kalispell City Planning Board held a public hearing unanimously recommend R-4, Two Family Residential, zoning upon annexation into the city. RECOMMENDATION: A motion to adopt the first reading of the ordinance for R-4 zoning upon annexation would be in order. FISCAL EFFECTS: Some potential positive effects once fully developed. ALTERNATIVES: As suggested by the city council. Respectfully Submitted, arda A. Wilson Chris A. Kukulski enior Planner City Manager Report compiled: July 29, 2002 c: Theresa White, Kalispell City Clerk H:\FRDO\TRANSMIT\KALISPEL\2002\KA02-9MEMO.DOC Providing Community Planning Assistance To: • City of Kalispell 9 City of Columbia Falls • City of Whitefish ORDINANCE NO. 1433 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1175), ASHLEY PARK PHASE IV (PREVIOUSLY ZONED COUNTY R-4, TWO FAMILY RESIDENTIAL) TO CITY R-4 (TWO FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Somers Land Company, the owner of property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be changed to R-4, Two Family Residential, and WHEREAS, the property as described exists as property surrounded to the North by City R-4 Zoning (single family and duplex residences), to the East by County R-4 Zoning (undeveloped), to the South by County R-4 Zoning (undeveloped), and to the West by City R-4 Zoning (single family and duplex residences), and WHEREAS, the petition of Somers Land Company was the subject of a report compiled by the Tri-City Planning Office, #KA-02-9, dated July 2, 2002, 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 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. KA-02-9. 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 #1175) is hereby amended by designating the property described as Ashley Park Phase IV, as R4, Two Family Residential. 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 AND SIGNED BY THE MAYOR THIS 5TH DAY OF AUGUST, 2002. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk