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2. Ordinance 1637 - Initial Zoning - Wayne Grilley - 2nd ReadingPUNNING FOR THE FcrrUREMONTANA 1. REPORT TO: Kalispell Mayor and City Council FROM: Nicole C. Johnson, Planner II James H. Patrick, city Manager Planning Department 201 15t Avenue East KafispeI4 NIT 59901 Phone: (446) 755-7940 Fax: (406) 755-7739 www.ka is a 11.com/planning SUBJECT Second Reading: Wayne Grilley -- Annexation and Initial Zoning of B-2, General Business MEETING DATE: June 2, 2008 BACKGROUND: This is the second reading on a request for an initial zoning designation of B-2, General Business, on approximately 1 acre of land. The properties included in the request are located on the east side of Willow Glen Drive across from Glacier Toyota and just south of what is known as the Four corners intersection. where US Highway 93, Lower Valley Road/ Cemetery Road and Willow Glen Drive meet. The property address is 1531 Willow Glen Drive and can be legally described as tracts 5AA and SG located in Section 28, 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 March 19, 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. ALTERNATIvTES: As suggested by the city council. Respectfully submitted, Nicole C. Johnson ames atrick Planner II city Manager Report compiled: May 28, 2008 c: Theresa White, Kalispell City Clerk ORDINANCE NO.1637 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (OR.DINANCE NO. 1454), BY ZONING CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS TRACTS 5AA AND 5G LOCATED IN SECTION 28, TOWNSHIP 28 NORTH, RANGE 21 WEST, FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-1 (SUBURBAN RESIDENTIAL) TO CITY B-2 (GENERAL BUSINESS) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Wayne Grilley, 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 I acre of land, and WHEREAS, the property is located on the east side of 'Willow Glen Drive just north of the intersection with US Highway 93 South, and WHEREAS, the petition of Wayne Grilley was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-08-1, 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 April 8, 2008, and recommended that the zoning be City Bµ2, 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. KA-08-1. 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 acre 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 2ND DAY OF JUNE, 2008. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor