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2. Ordinance 1672 - Zone Change - Dick Mitsch - 2nd ReadingPlanning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalisnell.com/plannins! REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Jane Howington, City Manager SUBJECT Second Reading - Mitsch Zone change from P-1, Public to B-2, General Business MEETING DATE: December 21, 2009 BACKGROUND: This is the second reading on a request from R. Dick Mitsch for a zone change from P-1 to B-2 for 2 adjacent tracts of land containing 1.78 acres. The properties he on the west side of Highway 93 South in Kalispell just south of the Kelly Road intersection. The property address is 2282 Highway 93 South (between Jackola Engineering and PENCO Power Products). The property abuts the city airport and is more particularly described as Tract A of COS 15749 and COS 6682 in Section 20, Township 28N, Range 21W, P.M.M. Flathead County, Montana. The Kalispell City Council approved the first reading of the ordinance at their regular meeting of December 7, 2009. RECOMMENDATION: A motion to approve the second reading for the zone change would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, /r Sean Conrad Senior Planner Jane Howington City Manager ,!,3MI 07kv,�, . 1 ! ,►! 1 1, WHEREAS, R. Dick Mitsch, the owner 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-2, General Business, on approximately 1.78 acres of land, and WHEREAS, the property is located on the west side of Highway 93 South, just south of the intersection with Kelly Road, and WHEREAS, the petition of R. Dick Mitsch was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KZC-09-4, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned B-2, General Business, and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on November 10, 2009, and recommended that the zoning be City B-2, General Business, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-2, General 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. KZC-09-4. 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. 1460) is hereby amended by designating the property described above as B-2, General Business, on approximately 1.78 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 21ST DAY OF DECEMBER, 2009. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk