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5. Ordinance 1621 - Initial Zoning - Craig-Craig Rentals - 2nd ReadingREFGRT TO: FROft- SUBJECT MEETING BATE: City of Kalispell Planning Department 17 -- 2nd Street East, Suite 211 Kalispell, Montana 59901 Telephone: (406) 751--1850 Fax: (406) 751 -1 S58 website: kalispellplanning.com Kalispell Mayor and City Council Nicole C. Johnson, Planner II James H. Patrick, City Manager Second Reading: Craig - Craig Rentals, LLC - Annexation and Initial Zoning of B-2, General Business August 20, 2007 BACKGROUND: This is the second reading on a request for the initial zoning designation of B--2, General Business, on approximately 1.385 acres. The property is located on the west side of US Highway 93 south approximately three-quarters of a mile south of Kelly Road and one-third of a mile north of Lower Valley Road/ Cemetery Road. The current property address is 2790 Highway 93 South, Kalispell, Montana 59901 and can be legally described as tracts 5CC and 5CCD located in Section 20, 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 August 6, 2007. 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, Nicole C. Johnson es Ir Planner II City Manager Report compiled: August 14, 2007 c: Theresa White, Kalispell City Clerk ORDINANCE NO, 1621 AN ORDINANCE TO AMEND SECTION 27,02,010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO, 1460)9 BY ZONING CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS ASSESSORS TRACTS 5CC AND 5CCD IN SECTION 20, TOWNSHIP 28 NORTH, RANGE 21 WEST, FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY I-1, LIGHT INDUSTRIAL) TO CITY B-Z (GENERAL BUSINESS) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE, WHEREAS, Craig -Craig Rentals, LLC, 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 1.385 acres of land, and WHEREAS, the property is located on the west side of Highway 93 South approximately three- quarters of a mile south of Kelly Road, and WHEREAS, the petition of Craig -Craig Rentals, LLC was the subject of a report compiled by the Kalispell Planning Department, Staff Report #IAA-07-10, 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 July 10, 2007, and recommended that the initial zoning be City B-2, General Business, upon annexation to the City of Kalispell, and WHER-EAS, 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 7-3--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-07-10. 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 1.385 acres. 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 20TH DAY of AUGUST, 2007. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk