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E2. Ord 1784 - SD 5 Zoning of P-1PLANNING FOR THE FUTURE REPORT TO: FROM: SUBJECT: MEETING DATE: MQNT"A Doug Russell, City Manager T- Jarod Nygren, Senior Planner Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning Ordinance 1784 — Initial Zoning of P-1 (Public) for the School District No. 5 Property January 17, 2017 BACKGROUND: This is the second reading of ordinance 1784, an ordinance to amend the Kalispell Zoning Map, and establish an initial zoning classification of P-1. The property is located at the 2100 block of Airport Road. The property to be annexed can be legally described as Parcel C of Certificate of Survey #20424 in the Southwest 1/a of Section 20, and Northwest 1/4 of Section 29, Township 28N, Range 21W, P.M.,M., Flathead County, Montana. The Kalispell City Council, at their meeting on January 3, 2017, approved the first reading of Ordinance 1784, unanimously upon roll call vote. RECOMMENDATION: It is recommended that City Council approve the second reading of the ordinance 1784. FISCAL EFFECTS: As a public property special assessments and impact fees will be paid, however, taxes will not be collected for the general fund. ALTERNATIVES: Deny the request. Report compiled: January 11, 2017 c: Aimee Brunckhorst, Kalispell City Clerk ORDINANCE NO.1784 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS PARCEL C OF CERTIFICATE OF SURVEY #20424 IN THE SOUTHWEST '/ OF SECTION 20, AND NORTHWEST 1/ OF SECTION 29, TOWNSHIP 28N, RANGE 21W, P.M.,M., FLATHEAD COUNTY, MONTANA, (CURRENTLY ZONED COUNTY SAG-10 (10 ACRE SUBURBAN -AGRICULTURE) TO CITY P-1 (PUBLIC)) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, School District No. 5, Flathead County, the owner of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land, currently zoned County SAG-10, 10 Acre Suburban/Agriculture, be zoned P-1, Public, on approximately 24.88 acres of.land; and WHEREAS, the property is located at 2100 Airport Road; and WHEREAS, the School District No. 5 petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-16-04, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned P-1, Public, pursuant to Kalispell City Code 27.29.020; and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on November 13, 2016, and after considering the Staff Report #KA-16-04 as well as public comment and discussion, recommended that the zoning be City P-1, Public, pursuant to Kalispell City Code 27.29.030; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described P-1, Public, the City Council finds the recommendation of the Kalispell City Planning Board to zone the property as P-1, Public to be compatible to the existing neighborhood and 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 essential findings of fact of KPD as set forth in Staff Report No. KA-16-04. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1677) is hereby amended by designating the property described above as P-1, Public, on approximately 24.88 acres of land. SECTION 2. 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 3. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 17TH DAY OF JANUARY, 2017. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk