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2. Ordinance 1654 - Zoning with PUD Placeholder - Siderius Family Limited Partnership - 2nd ReadingPlanning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Myrt Webb, Interim City Manager SUBJECT: Siderius Family Limited Partnership - Initial Zoning of B-2 /PUD (General Business/Planned Unit Development Placeholder) and RA-1 / PUD (Low Density Residential Apartment/ Planned Unit Development Placeholder) MEETING DATE: February 17, 2009 BACKGROUND: This is the second reading on a request for an initial zoning designation of B-2/PUD and RA- 1/PUD on four tracts of land totaling 207t acres in size. The 207 acre project site is located on the west side of Highway 93 with Cemetery Road on the north end of the site and Ashley Meadows Road on the south end. The 207 acre project site can be legally described as Tract 1 of Certificate of Survey 17744, the amended subdivision plat of lots 3 and 5 of Ashley Business Park and amended plat of the amended plat of lot 4 Ashley Business Park Subdivision, and Parcel A of Certificate of Survey 8369. The properties are located in Sections 29 and 32, Township 28 North, Range 21 West. The Kalispell City Council approved the first reading of the ordinance at their regular meeting of February 2, 2009. RECOMMENDATION: A motion to approve the second reading of the ordinance for initial zoning would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Sean Conrad Myrt-Webb Senior Planner Interim City Manager Report compiled February 4, 2009 c w/ Att: Theresa White, Kalispell City Clerk Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 ORDINANCE NO. 1654 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1460), BY ZONING CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS TRACT 1 OF CERTIFICATE OF SURVEY 17744, THE AMENDED SUBDIVISION PLAT OF LOTS 3 AND 5 OF ASHLEY BUSINESS PARK AND AMENDED PLAT OF THE AMENDED PLAT OF LOT 4 ASHLEY BUSINESS PARK SUBDIVISION, AND PARCEL A OF CERTIFICATE OF SURVEY 8369 LOCATED IN SECTIONS 29 AND 32, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, (PREVIOUSLY ZONED COUNTY I-1 H (LIGHT INDUSTRIAL -HIGHWAY) AND SAG-10 (SUBURBAN AGRICULTURAL)) TO CITY B-2 (GENERAL BUSINESS) WITH A PLANNED UNIT DEVELOPMENT PLACEHOLDER AND CITY RA-1 (LOW DENSITY RESIDENTIAL APARTMENT) WITH A PLANNED UNIT DEVELOPMENT PLACEHOLDER IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, the Siderius Family Limited Partnership, Josephine R. Siderius Living Trust, Jo Lynn Yenne, Patricia A. Sanders, Raymond E. Siderius, and Linda L. Siderius, the owners of the properties described above, petitioned the City of Kalispell that the zoning classification attached to the above described tracts of land be zoned B-2, General Business, with a Planned Unit Development placeholder and RA-1, Low Density Residential Apartment, with a Planned Unit Development placeholder, on approximately 207 acres of land, and WHEREAS, the properties are located on the west side of Highway 93 South between Cemetery Road and Ashley Meadows Road, and WHEREAS, the petition of the Siderius Family Limited Partnership, et al., was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-08-03, in which the Kalispell Planning Department evaluated the petition and recommended that the properties as described above be zoned B-2, General Business with a Planned Unit Development placeholder and RA-1, Low Density Residential Apartment with a Planned Unit Development placeholder, pursuant to Kalispell City Code 72.21.030(2)(b), and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on January 13, 2009, and recommended that the zoning be City B-2, General Business with a Planned Unit Development placeholder and RA-1, Low Density Residential Apartment with a Planned Unit Development placeholder, pursuant to Kalispell City Code 72.21.030(2)(b), and WHEREAS, after considering all the evidence submitted on the proposal to zone the properties as described B-2, General Business with a Planned Unit Development placeholder and RA-1, Low Density Residential Apartment with a Planned Unit Development placeholder 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-08-03. 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. 1460) is hereby amended by designating the properties described above as B-2, General Business with a Planned Unit Development placeholder and RA-1, Low Density Residential Apartment with a Planned Unit Development placeholder on approximately 207 acres of land. SECTION II. Further development upon the subject property will require a Planned Unit Development application and a developer's agreement with the City of Kalispell. SECTION III. 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 IV. 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 17TH DAY OF FEBRUARY, 2009. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor