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2. Ordinance 1650 - Zoning with PUD Placeholder - Gardner Investments, LLC - 2nd ReadingREPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Myrt Webb, Interim City Manager SUBJECT Second Reading: Gardner Investments, LLC - Initial Zoning of 13- 5/PUD (Industrial-Commercial/Planned Unit Development) upon annexation MEETING DATE: December 1, 2008 BACKGROUND: This is the second reading on a request for an initial zoning of B-5/PUD on nine tracts of land totaling 81.59± acres in size. The properties are located on the east side of Highway 93 South. The 9 tracts of land are not contiguous and are located between the intersection of Highway 93 and Lower Valley Road and Highway 93 and Snowline Lane. There are four existing businesses located on two separate tracts included in the annexation request. The Gardner's Auction Service, Rock City, and Janitor's World are located on tract 6. Northwestern Truss, 3215 Highway 93, is located on tract 7C. The 9 tracts of land can be described as follows: tracts 1, 1F, 6, 6I, and lots 1 and 2 of the Mergenthaler Subdivision are located in Section 28, Township 28 North, Range 21 West; tract 7C and lots 4 and 5 of the Lost Creek Subdivision are located in Section 33, 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 November 17, 2008. 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 sub tted, �r5 1 �-- Sean Conrad M3 A Webb Senior Planner Interim City Manager Report compiled: November 25, 2008 c: Theresa White, Kalispell City Clerk Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 ORDINANCE NO. 1650 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 TRACTS 1,1F, 6,61 AND LOTS 1 AND 2 OF THE MERGENTHALER SUBDIVISION LOCATED IN SECTION 28, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA; AND TRACT 7C AND LOTS 4 AND 5 OF THE LOST CREEK SUBDIVISION LOCATED IN SECTION 33, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, (PREVIOUSLY ZONED COUNTY 1-1 H (LIGHT INDUSTRIAL - HIGHWAY)) TO CITY B-5 (INDUSTRIAL/COMMERCIAL) WITH A PLANNED UNIT DEVELOPMENT PLACEHOLDER IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Gardner Investments, LLC, 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-5, Industrial/Commercial, with a Planned Unit Development placeholder, on approximately 81.59 acres of land, and WHEREAS, the properties are located on the east side of Highway 93 south between the intersection of Highway 93 and Lower Valley Road and Highway 93 and Snowline Lane, and WHEREAS, the petition of Gardner Investments, LLC was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-08-05, in which the Kalispell Planning Department evaluated the petition and recommended that the properties as described above be zoned B-5, Industrial/Commercial 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 October 14, 2008, and recommended that the zoning be City B-5, Industrial/Commercial 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-5, Industrial/Commercial, 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-08-05. 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-5, Industrial/Commercial with a Planned Unit Development placeholder on approximately 81.59 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 1ST DAY OF DECEMBER, 2008. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk Planning Department 201 15t Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plann"n� November 5, 2008 Gardner Investments, LLC Attn: Davar Gardner P.O. Box 958 Kalispell, MT 59903 -0958 RE: Fire requirements for Tract 7C and Lot 5 of the Lost Creek Subdivision upon annexation Dear Mr. Gardner: This morning Dan Diehl, Kalispell Fire Chief, and D.C. Haas, Kalispell Fire Marshal, met with you to discuss fire related concerns for buildings located on Tract 7C and Lot 5 of the Lost Creek Subdivision. If annexed, the fire department will provide the fire suppression for these buildings however, no fire hydrants serve either of the properties. It was agreed that for the small office located on Lot 5 of the Lost Creek Subdivision the power would be cut to the building within the next week. For the existing truss company on Tract 7C, it was agreed that annexation could occur but a fire hydrant would be installed by you at a location approved by the Kalispell Fire Department no later than June 1, 2009. If you have any questions please contact me at 758-7940 or by email at sconrad@kalispell.com. Sincerely, CS Sean Conrad Senior Planner c: Kalispell Fire Department