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E2. Ord. 1858, Woodland Qwikstop Second ReadingCITY OF KALISPELL Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannine REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: Ordinance 1858 Second Reading — Woodland Qwik Stop Initial Zoning MEETING DATE: May 17, 2021 BACKGROUND: This matter is regarding a request from Manpreet Singh (Kalispell Properties, LLC) to annex an approximately 0.53-acre parcel located at 81 Woodland Park Drive (Woodland Qwick Stop) into the city limits with an initial zoning designation of B-1 (Neighborhood Business) upon annexation. The subject property is currently zoned county B-1. The property can be described as Lot B of the Amended Subdivision Plat of a portion of Lot 17, Block 3, Phillips Addition to Kalispell, Montana, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. The Kalispell City Council, at their meeting on May 3, 2021, approved the first reading of Ordinance 1858 unanimously. RECOMMENDATION: It is recommended that the Kalispell City Council approve the second reading of Ordinance 1858, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, by zoning certain real property described as Lot B of the Amended Subdivision Plat of a portion of Lot 17, Block 3, Phillips Addition to Kalispell, Montana, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, as City B-1 (Neighborhood Business), in accordance with the Kalispell Growth Policy Plan — It 2035, and to provide an effective date. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1858 c: Aimee Brunckhorst, Kalispell City Clerk ORDINANCE NO. 1858 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1677), BY ZONING CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS LOT B OF THE AMENDED SUBDIVISION PLAT OF A PORTION OF LOT 17, BLOCK 3, PHILLIPS ADDITION TO KALISPELL, MONTANA, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY B- 1) TO CITY B-1 (NEIGHBORHOOD BUSINESS), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Manpreet Singh of Kalispell Properties, LLC, the owner of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned B-1 on approximately 0.53 acres of land; and WHEREAS, the property is located at 81 Woodland Park Drive; and WHEREAS, Manpreet Singh's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-21-01, dated April 7, 2021, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned B-1, Neighborhood Business, as requested by the petition; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-1, Neighborhood Business, the City Council finds such initial zoning to be 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 findings of fact of KPD as set forth in Staff Report No. KA-21-01. 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 B-1, Neighborhood Business, on approximately 0.53 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 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 AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 17TH DAY OF MAY, 2021. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor