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4. Ordinance 1411 - Initial Zoning - Gaylon Owens - 2nd ReadingREPORT TO: FROM: J'111:3 j yy 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 for Initial Zoning of R-4 Upon Annexation - Gaylon Owens Property South of Sunnyside Drive February 19, 2002 BACKGROUND: This is a the second reading of an ordinance for an initial zoning designation of R-4, Two Family Residential, upon annexation to the city for property located south of Sunnyside Drive and west of Ashley Creek. The City R-4, a Two Family Residential zoning district, has a minimum lot size of 6,000 square feet and allows duplexes and single-family homes as permitted uses. The property contains approximately 11.3 acres and is undeveloped except for an existing single family home and a barn. Currently there are no development plans for the property. The property is currently under the County zoning jurisdiction and is zoned R-1, Suburban Residential, which has a minimum lot size requirement of one acre. At the February 4„ 2002 regular meeting, the Kalispell City Council voted unanimously to approve the first reading of the ordinance designating the property R- 4 upon annexation. The Kalispell City Planning Board held a public hearing at their meeting of January 15, 2002 and unanimously recommended that the initial zoning for this property should be R-4, Two Family Residential, upon annexation. RECOMMENDATION: A motion to adopt the second reading of the ordinance for R-4, Two -Family Residential, zoning upon annexation would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, 104'o�' Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: February 12, 2002 c: Theresa White, Kalispell City Clerk H:\FRDO\TRANSMIT\KALISPEL\2001\KA01-8MEMO.DOC Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish ORDINANCE NO. 1411 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS ASSESSOR'S TRACT 8 LOCATED IN SECTION 19, 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 CITY - COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Gaylon Owens/Owl Corporation, 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 single family homes, County R-1 classification, to the East by single family homes, City R-4 and County R-1 classification, to the South by undeveloped Stratford Subdivision, City R-4 classification, and to the West by low density residential, and agricultural, County R-1 classification, and WHEREAS, the petition of Gaylon Owens was the subject of a report compiled by the Tri-City Planning Office, #KA-01-8, dated January 8, 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-01-8. 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. 1175) is hereby amended by designating the property described as Assessor's Tract 8 located in Section 19 as R-4, 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 19TH DAY OF FEBRUARY, 2002. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk