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4. Ordinance 1685 - Initial Zoning - Young Legacy, LLC - 2nd ReadingREPORT 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: October 18, 2010 BACKGROUND: This is the second reading on a request for an initial zoning designation of I-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 West. The 2.07 acre site includes assessor's tract numbers 16B 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 Deed #200900034113. The properties are located in the NE '/ of Section 13, Township 28 North, Range 22 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, Minor positive effects once annexed. As suggested by the city council. 7Sf--C--"z-y1 Sean Conrad Senior Planner Report compiled: October 11, 2010 c: Theresa White, Kalispell City Clerk in Ion III . to WAL11 MY.1101 DI DI1 11'1i11110 AND MORE PARTICULARLY DESCRIBED ON EXHIBIT"A", (PREVIOUSLY ZONED COUNTY 1 TO INDUSTRIAL)) DATE.ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE WHEREAS, 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 West 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 I-1, Light Industrial, pursuant to Kalispell City Code 27.29.020, and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on September 14, 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 Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. KA-10-03. 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 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, THIS 18TH DAY OF OCTOBER, 2010. rvvo Theresa White City Clerk Tammi Fisher Mayor EXHIBIT ., LEGAL 1 !., YOUNG 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 Survey 4834 located in the NW4NE4 of Section 13, Township 28 North, Range 22 West; 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.