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
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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