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02. Ordinance 1685 - Initial Zoning - Young Legacy, LLC - 2nd ReadingPlanning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fag: (406) 758-7739 www.k.alis eli.conV lannin REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Jane Howington, City Manager SUBJECT Second Reading -Young Legacy, LLC initial zoning of I-1 (Light Industrial) MEETING- DATE: November 1, 2010 BACKGROUND: This is the second reading on a request for an initial zoning designation of 1-1 (Light Industrial) on a property totaling approximately 2.07 acres in size. The property is located on the south side of Highway 2 West at the intersection of Highway 2 West and the Highway 93 Alternate Route. The property is developed with an industrial building, Flathead Beverage, with the address of 1370 Highway 2 Nest. The 2.07 acre site includes assessor's tract numbers 1 6B and 16BA and can be legally described as parcels A and B of Certificate of Survey 4834 excepting therefrom a tract of land described in Bargain and Sale Reed #200900034113. The properties are located in the NE 1/ o f Section 13, Township 28 North, Range 22 Vest, P.M.M., Flathead County, Montana. The Kalispell City Council approved the first reading of the ordinance at their regular meeting of October 4, 2010. RECOMMENDATION: A motion to approve the second reading of the ordinance for initial zoning would be in order. FISCAL EFFECTS: Minor positive effects once annexed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Sean Conrad Jane Howington Senior Planner City Manager Report compiled: October 11, 2010 c: Theresa White, Kalispell City Clerk '�i►��� �-���' ': ':. s.�'` is WHEREAS, AS, The Young Legacy, LLC, the owners of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned I-1, Light Industrial, on approximately 2.07 acres of land, and WHEREAS, the property is located on the south side of Highway 2 west at the intersection of Highway 2 Nest and the Highway 93 alternate route, and WHEREAS, the petition of The Young Legacy, LLC, was the subject of a report compiled by the Kalispell Planning Department, Staff Report # KA-10-03, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned 1-19 Light Industrial, pursuant to Kalispell City Code 27.29.020, and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the platter on September 141 2010, and recommended that the zoning be City I-1, Light Industrial, 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 I--1, Light Industrial, the City Council finds such zoning to be 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 Conrnissioners Etc, 590 P2d 602, the findings of fact of I PD as set forth in Staff Report No. IAA--10-03. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY of KALIS PELL, AS FOLLOWS SECTION I. 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 on Exhibit "A" below as I-1, Light Industrial, on approximately 2.07 acres of land. 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 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, 'PHIS 1ST DAY OF NOVEMBER., 2010. Theresa White City Clerk Tammi Fisher Mayor LEGAL DESCRIPTION YOUNG LEGACY, LLC (FLATHEAD BEVERAGE-) Two parcels of land in the Northwest Quarter of the Northeast Quarter of Section 13, Township 28 North, Range 22 West, P.M.M.,, Flathead County, .Montana, more particularly described as follows: Parcels A. and B of Certificate of Surrey 4834 located in the NW4NE4 of Section 13, Township 28 North, Range 22 Nest, excepting therefrom a tract of land described in Bargain and Sale Deed #200900034113 recorded December 11, 2009 in the office of the County Clerk and Recorder of Flathead County, Montana.