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7. Ordinance 1331 - Zone Change - Smiths - 2nd ReadingREPORT TO: FROM SUBJECT: of Kalispell Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758 Honorable Mayor and City Council PJ Sorensen, Zoning Administrator Chris Kukulski, City Manager Ordinance 1331 (rezoning Smith Foods property from B-3 to B-4) MEETING DATE: August 16, 1999 BACKGROUND: The ordinance is being presented for second reading. There are no changes from the ordinance as it was presented for the first reading. RECOMMENDATION: Ordinance 1331 should be approved. FISCAL EFFECTS: None ALTERNATIVES: As suggested by the Council. Respectfully submitted, PJ Sorensen Chris A. Kukulski Zoning Administrator City Manager Report compiled August 12, 1999 ORDINANCE NO. 1331 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING CERTAIN REAL PROPERTY DESCRIBED IN EXHIBIT "A" (PREVIOUSLY ZONED B- 3, COMMUNITY BUSINESS) TO B-4 (CENTRAL BUSINESS DISTRICT), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Smith Food and Drug Centers, Inc., the owners of property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be changed to B-4, Central Business District, and WHEREAS, the property as described exists as property surrounded to the North by convenience stores and gas stations, City B-3 classification, to the East by offices and undeveloped property, B-3 classification, to the South by an unoccupied industrial building, I-1 classification, and to the West by the B&B Shopping Center and Tidyman's, B-4 and B-3 classifications, and WHEREAS, the petition of Smith Food and Drug Centers, Inc. was the subject of a report compiled by the Flathead Regional Development Office, #KCZ-99-3, dated July 6, 1999, in which the Flathead Regional Development Office evaluated the petition and recommended that the property as described above be zoned B-4, Central Business District, as requested by the petition, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission adopted the FRDO report and recommended the property as described be zoned B-4, Central Business District, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-4, Central Business District, the City Council 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 FRDO as set forth in Report No. KZC-99-3. 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. 1175) is hereby amended by designating the property described in Exhibit ""A" as B-4, Central Business District. A:\attsect\wp\ord\smith zc.wpd 1 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 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 OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS DAY OF AUGUST, 1999. Wm. E. Boharski Mayor ATTEST: Theresa White City Clerk H:\attsect\wp\ord\smith zc.wpd 2 Zone Change from B-3 to B-4 Smith Food and Drug Centers, Inc. Legal Description A tract of land situated, lying and being in the Northeast Quarter of the Southeast Quarter of Section 7 and the Northwest Quarter of the Southwest Quarter of Section 8, Township 28 North, Range 21 West, P.tii.M., Flathead County, Montana and more particularly descnbed as follows to wit: Lots 1 through 12 inclusive of Block 19 of Kalispell, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. Excepting therefrom the Northerly 4 feet of said Lot I and Lot 12, Block 19 of Kalispell, M. Lots I through 5 inclusive and Lots 8 through 12 inclusive in Block 22 of Kalispell, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. on That portion of vacated alley running through said Blocks 19 and 22 of Kalispell affixing to the above described property and that portion of vacated Montana Street running between said Blocks 19 and 22 of Kalispell.