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E2. Ord 1798 - Kis ZoningPLANNING FOR THE FUTURE REPORT TO: Doug Russell, City Manager P/- FROM: Jarod Nygren, Senior Planner Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plagaigg SUBJECT: Ordinance 1798 — KA-17-04 — Second Reading, Kis Annexation MEETING DATE: October 16, 2017 BACKGROUND: This is the second reading of Ordinance 1798, an ordinance to amend the Kalispell Zoning Map, and establish a zoning classification of RA-1 (Residential Apartment). The property is located at 1541 51h Avenue East and can be legally described as Parcel A of Certificate of Survey 4916 in the Southwest 1/4 of Section 17, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana. The Kalispell City Council, at their meeting on October 2, 2017, approved the first reading of Ordinance 1797, unanimously upon roll call vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve the second reading of Ordinance 1798, an Ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance 1677, by zoning certain real properties described as Parcel A of Certificate of Survey 4916 in the Southwest 1/4 of Section 17, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana., to City RA-1 in accordance with the Kalispell Growth Policy Plan — It 2035. FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1798 c: Aimee Brunckhorst, Kalispell City Clerk ORDINANCE NO.1798 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 A OF CERTIFICATE OF SURVEY #4916 IN THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (CURRENTLY ZONED COUNTY R-4 (RESIDENTIAL) TO CITY RA-1 (RESIDENTIAL APARTMENT)) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY — PLAN IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Louis and Eileen Kis, the owners 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 Residential, be zoned RA-1, Residential Apartment, on approximately .43 acres of land; and WHEREAS, the property is located at 1541 Fifth Avenue East; and WHEREAS, the Kis' petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-17-04, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned RA-1, Residential Apartment, pursuant to Kalispell City Code 27.29.020; and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on September 12, 2017, and after considering the Staff Report #KA-17-04 as well as public comment and discussion, recommended that the zoning be City RA-1, Residential Apartment, 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 RA-1, Residential Apartment, the City Council finds the recommendation of the Kalispell City Planning Board to zone the property as RA-1, Residential Apartment, to be compatible to the existing neighborhood and consistent with the Kalispell Growth Policy — Plan It 2035 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-17-04. 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 RA-1, Residential Apartment, on approximately .43 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 16TH DAY OF OCTOBER, 2017. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk