5. Ordinance 1686 - Initial Zoning - AKB Investments, LLP - 2nd ReadingREPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Jane Howington, City Manager
SUBJECT Second Reading - AKB Investments, LLP initial zoning of B-5 (Indusxrial-
Business)
MEETING DATE: October 18, 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.
Minor positive effects once annexed.
As suggested by the city council.
Respectfully submitted,
R�
Sean Conrad
Senior Planner
Report compiled: October 11, 2010
c: Theresa White, Kalispell City Clerk
•.
INDUSTRIAL -HIGHWAY)) TO CITY ;:(INDUSTRIAL -BUSINESS)) IN
ACCORDANCE GROWTHPOLICY 2020, AND TO PROVIDE
AN EFFECTIVE DATE.
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, 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 Hearing 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 County
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 18TH DAY OF OCTOBER, 2010.
Theresa White
City Clerk
Tammi Fisher
Mayor
EXHIBIT
LEGAL DESCRIPTION
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 R/W N00°04' 36"E 660.98 feet to a found iron
pin; Thence leaving said R/W N 89°57'49"E 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.