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3. Ordinance 1438 - Zone Change - Deulfer - 2nd ReadingREPORT TO: FROM: SUBJECT: MEETING DATE: Tri-City Planning Office 17 Second Street East —Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax:(406)751-1858 tricitygcen turytel, net Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Second Reading Dueller Zone Change from R-3 to R-5 — North Meridian Road / Three Mile Drive September 16, 2002 BACKGROUND: This is the second reading on a zone change request by Roy, Amanda and Michaeli Deulfler on approximately 1.69 acres of property located on the northwest corner of Three Mile Drive and Meridian Road. This ordinance will rezone the property from R-3, Residential, to R-5, Residential / Professional Office. There is a single family residence currently on the property that will continue to be used. A new owner is in the process of purchasing the property and intends to construct a professional office on the northern portion of the site. The Kalispell City Council approved the first reading of the zone change at their regular meeting of September 3, 2002. The Kalispell Planning Board and staff recommended a zone change from R-3 to R-5 based on the North Meridian Neighborhood for the area of High Density Residential and adjacent zoning to the west which was approved within the last couple of years. The zoning will accommodate the property owner's need for an office and comply with the master plan for the area. RECOMMENDATION: A motion to adopt the ordinance on second reading rezoning the property from R-3 to R-5 would be in order. FISCAL EFFECTS: Potentially minor positive effects. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: September 11, 2002 c: Theresa White, Kalispell City Clerk H:\ \TRANSMIT\ KALISPEL\2002 \KZCO2-2MEM02. DOC Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls ORDINANCE NO.1438 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING REAL PROPERTY DESCRIBED AS A PORTION OF LOT 20, BLOCK 1, NORTHWEST TRACTS LOCATED IN SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R-3, RESIDENTIAL) TO CITY R-5 (RESIDENTIAL/PROFESSIONAL OFFICE), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Roy, Amanda and Michaeli Duefler, the owners of property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be changed to B-2, General Business, and WHEREAS, the property as described exists as property surrounded to the North by City P-1 Zoning (office/warehouse for CenturyTel), to the East by City I-1 and RA-1 Zoning (UPS and a single family home), to the South by City B-1 Zoning (offices), and to the West by City R-5 Zoning (residences and office), and WHEREAS, the petition of Roy, Amanda and Michaeli Duefler was the subject of a report compiled by the Tri-City Planning Office, #KZC-02-2, dated August 1, 2002, in which the Tri-City Planning Office evaluated the petition and recommended denial of the requested zone change, and that the property as described above instead be zoned R-5, Residential/Professional Office, and WHEREAS, the Kalispell City Planning Board and Zoning Commission adopted the TCPO report and recommended the property as described be zoned R-5, Residential/Professional Office, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-5, Residential/Professional Office, 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. KZC-02-2. 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 above as R-5, Residential/Professional Office. 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 16TH DAY OF SEPTEMBER, 2002. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk