Loading...
03. Ordinance 1686 - Initial Zoning - AKB Investments, LLP - 2nd ReadingREPORT TO: Kalispell Mayor and City Council FRO M : Sean Conrad, Senior Planner Jane Howington, City Manager SUBJECT Second Reading - AKB Investments, LLP initial zoning of B-5 (Industrial - Business) MEETING DATE: November 1, 2010 BACKGROUND: This is the second reading on a request for an initial zoning designation of B-5 (Industrial -Business) on a property totaling approximately 9.46 acres in size. The property is located on the east side of Highway 93 South at the intersection of Highway 93 and the Highway 93 Alternate Route. The property address is 3145 Highway 93 South, the current site of Triple W Equipment, and can be described as Tract 1 of Certificate of Survey No. 16624 within Section 28, Township 28 North, Range 21 West, 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: ALTERNATIVES: Respectfully submitted, Sean Conrad Senior Planner Minor positive effects once annexed. As suggested by the city council. Report compiled: October 11, 2010 c: Theresa White, Kalispell City Clerk Jane Howington City Manager A WHEREAS, AKB Investments, LLP, 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 B-5, Industrial -Business, on approximately 9.46 acres of land, and WHEREAS, AS, the property is located on the east side of Highway 93 South at the intersection of Highway 93 and the Highway 93 alternate route, and WHEREAS, the petition of AKB Investments, LLP, was the subject of a report compiled by the Kalispell Planning Department, Staff Report ##KA--10-02, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned B-5, Industrial -Business, pursuant to Kalispell City Code 27.29.020, and WHEREAS, the Kalispell City Planning Board held a Public bearing on the matter on September 14, 2010, and recommended that the zoning be CityB-5, Industrial --Business, 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 B-5, Industrial -Business, 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 Count Commissioners Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. KA--10-02. 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 No. 1677) is hereby amended by designating the property described on Exhibit "A" below as B-5, Industrial -Business, on approximately 9.46 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, THIS 1 ST DAY OF NOVEMBER, 2010. Theresa white City Clerk Tammi* Fisher Mayor EXHIBIT A LEGAL DESCRIPTION ,. INVESTMENTS, LLP (TRIPLE W EQUIPMENT) Tract 6E, Section 28, Township 28 North, Range 21 west is further described as follows: A tract of land, situated, lying, and being in the southwest quarter of the southwest quarter of Section 28, Township 28 North, Range 21 West, P.M.M. Flathead County, Montana, and more particularly described as follows to wit: Tract 1: Beginning at the northeast corner of Lot 1 of the Plat of Montana Tractor Tracts (records of Flathead County, Montana), which is a found iron pin; Thence along the north boundary of said Lot 1, N89050'33"w 621.83 feet to a found aluminum cap on the easterly R/W of U.S. Highway No. 93; Thence leaving said boundary and along said easterly P./w N00004' 36"E 660.98 feet to a found iron pin; Thence leaving said Rlw N 89°57'49"F 622.04 feet to a found iron pin; Thence S00'05'42" W 663.09 feet to the point of beginning and containing 9.452 acres; Subject to and together with all appurtenant easements of record.